Opinion

Cunningham v. Brown

  • 188 A.D.2d 403
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 17, 1992
Status
Published
Cited by
0 cases
Authority
More cited than 2.2%

The opinion

Order and judgment (one paper), Supreme Court, New York County (Stuart C. Cohen, J.), entered October 10, 1991, which, in a proceeding pursuant to CPLR article 78 to annul respondents’ determination denying petitioner’s application for an accident disability pension, denied the application and dismissed the petition, unanimously affirmed, without costs.

Petitioner claims that she injured her back lifting the hood of her car in making a routine vehicle inspection, at a time when she was on restricted duty because of back injuries previously sustained in the line of duty. We agree with the IAS Court that respondents’ determination that petitioner’s injury was not the result of an unexpected event, and thus not an "accident” within the meaning of the statute, was correct. The determination was not arbitrary and capricious (see, Matter of Lichtenstein v Board of Trustees, 57 NY2d 1010 ). *404 Concur — Milonas, J. P., Ellerin, Kupferman, Ross and Rubin, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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