Opinion
November 22, 1994
Appeal from the Supreme Court, New York County (Joan Lobis, J.).
The IAS Court properly concluded that the Board's determination was rationally based. "The nature of the occurrence [that caused the injury] was reasonably within the risk of the work performed and, as such, it cannot be construed as a sudden and unexpected event, which is a prerequisite to a grant of accident disability pension benefits" (Matter of Ortiz v. New York City Employees' Retirement Sys., 173 A.D.2d 237, 238, lv denied 78 N.Y.2d 864).
Here, it is not disputed that kicking open a locked door to execute an investigative warrant was a part of petitioner's routine duties as a Detective Investigator in the Bronx County District Attorney's Office and the incident was not the kind of sudden and unexpected event that constitutes an accident (Matter of Lichtenstein v. Board of Trustees, 57 N.Y.2d 1010). Rather, the occurrence was reasonably within the risk of the work performed.
We have considered petitioner's other arguments and find them to be without merit.
Concur — Ross, J.P., Asch, Rubin, Nardelli and Tom, JJ.