Opinion
March 24, 1994
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
A rational basis for finding that petitioner was not actually engaged in the performance of police duties at time of the accident (Administrative Code of City of N.Y. § 12-127) exists by reason of the fact that the accident occurred after petitioner had been dismissed from his tour of duty. Deference is due to respondent's reading of the statute as excluding "portal to portal" travel time.
Concur — Murphy, P.J., Sullivan, Rosenberger, Asch and Tom, JJ.