Mangonon v. Regan

Appellate Division of the Supreme Court of New York

Mangonon v. Regan

203 A.D.2d 874, 612 N.Y.S.2d 965, 1994 N.Y. App. Div. LEXIS 4372

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

DecidedApril 28, 1994

StatusPublished

Cited by1 cases

This text of 203 A.D.2d 874 (Mangonon 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.

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Mangonon v. Regan, 203 A.D.2d 874, 612 N.Y.S.2d 965, 1994 N.Y. App. Div. LEXIS 4372 (N.Y. Ct. App. 1994).

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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 application for accidental disability retirement benefits.

Upon our review of the record we find substantial evidence [875]*875to support respondent’s determination that the incident of February 6, 1980 did not constitute an accident within the meaning of the Retirement and Social Security Law. Contrary to petitioner’s contention, her injury was a risk inherent in her regular duties as a rehabilitation assistant and, while the patient’s seizure may have been sudden, it was not out of the ordinary or unexpected. Petitioner’s remaining contention has been considered and found to be lacking in merit.

Mikoll, J. P., Crew III, White, Casey and Peters, 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 application for accidental disability retirement benefits.

Upon our review of the record we find substantial evidence [875]*875to support respondent’s determination that the incident of February 6, 1980 did not constitute an accident within the meaning of the Retirement and Social Security Law. Contrary to petitioner’s contention, her injury was a risk inherent in her regular duties as a rehabilitation assistant and, while the patient’s seizure may have been sudden, it was not out of the ordinary or unexpected. Petitioner’s remaining contention has been considered and found to be lacking in merit.

Mikoll, J. P., Crew III, White, Casey and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

203 A.D.2d 874, 612 N.Y.S.2d 965, 1994 N.Y. App. Div. LEXIS 4372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mangonon-v-regan-nyappdiv-1994.

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