Kowal v. DiNapoli, 94 N.E.3d 442, 70 N.Y.S.3d 879, 30 N.Y.3d 1124 (2018)

Feb. 13, 2018 · New York Court for the Correction of Errors · No. 55 SSM 1

94 N.E.3d 442, 70 N.Y.S.3d 879, 30 N.Y.3d 1124

In the Matter of Robert W. KOWAL, Appellant,
v.
Thomas P. DINAPOLI, as State Comptroller, et al., Respondents.

No. 55 SSM 1

Court of Appeals of New York.

Decided February 13, 2018

Edelstein & Grossman, New York City (Jonathan I. Edelstein of counsel), for appellant.

Eric T. Schneiderman, Attorney General, New York City (Kate H. Nepveu, Barbara D. Underwood and Andrea Oser of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM:

The judgment of the Appellate Division should be affirmed, with costs. Substantial evidence supports the determination denying petitioner's application for accidental disability retirement benefits. Respondent rationally determined that petitioner failed to establish that his injuries were caused by a sudden, unexpected event that was not a risk inherent in the work performed (see Matter of Kelly v. DiNapoli, 30 N.Y.3d 674, 685, 70 N.Y.S.3d 881, 94 N.E.3d 444, 2018 WL 828098 [decided today]; Matter of McCambridge v. McGuire, 62 N.Y.2d 563, 568, 479 N.Y.S.2d 171, 468 N.E.2d 9 [1984] ; Matter of Lichtenstein v. Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., 57 N.Y.2d 1010, 1012, 457 N.Y.S.2d 472, 443 N.E.2d 946 [1982] ).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), judgment affirmed, with costs, in a memorandum.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.