Matter of Smith v. N.Y. City Empl. Retire

Full title: In the Matter of JAMES V. SMITH, Appellant, v. NEW YORK CITY EMPLOYEES…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 18, 1995

215 A.D.2d 256 (N.Y. App. Div. 1995)

626 N.Y.S.2d 200

Opinion

May 18, 1995

Appeal from the Supreme Court, New York County (Stephen Crane, J.).

Respondents' determination that the injury petitioner sustained to his shoulder and back when, in the course of his employment with the New York City Parks Department, he lifted a wheelbarrow into a dump truck, was not the result of an unexpected event, and thus not an "accident" within the meaning of Retirement and Social Security Law § 605 (b) (3), was not arbitrary and capricious (see, Matter of Lichtenstein v Board of Trustees, 57 N.Y.2d 1010; Matter of Danyi v Board of Trustees, 176 A.D.2d 451).

Concur — Ellerin, J.P., Wallach, Kupferman, Ross and Mazzarelli, JJ.