Bergland v. Regan

Appellate Division of the Supreme Court of New York

Bergland v. Regan

199 A.D.2d 812, 605 N.Y.S.2d 529, 1993 N.Y. App. Div. LEXIS 12218

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 1993

StatusPublished

Cited by1 cases

This text of 199 A.D.2d 812 (Bergland v. Regan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bergland v. Regan, 199 A.D.2d 812, 605 N.Y.S.2d 529, 1993 N.Y. App. Div. LEXIS 12218 (N.Y. Ct. App. 1993).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner’s request for disability retirement benefits.

We reject petitioner’s claim that respondent erred in determining that the incident at issue was not an accident within the meaning of Retirement and Social Security Law § 605. An injury is not accidental if it is sustained while performing routine duties and not resulting from unexpected events. Here, there is substantial evidence to support respondent’s conclusion that petitioner’s alleged injury emanated from risks inherent in petitioner’s regular duties and that it therefore did not constitute an accident.

Weiss, P. J., Cardona, White, Mahoney and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner’s request for disability retirement benefits.

We reject petitioner’s claim that respondent erred in determining that the incident at issue was not an accident within the meaning of Retirement and Social Security Law § 605. An injury is not accidental if it is sustained while performing routine duties and not resulting from unexpected events. Here, there is substantial evidence to support respondent’s conclusion that petitioner’s alleged injury emanated from risks inherent in petitioner’s regular duties and that it therefore did not constitute an accident.

Weiss, P. J., Cardona, White, Mahoney and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

199 A.D.2d 812, 605 N.Y.S.2d 529, 1993 N.Y. App. Div. LEXIS 12218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bergland-v-regan-nyappdiv-1993.

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