Opinion
2014-04-10
In re Elba HENRIQUEZ, Petitioner–Appellant, v. Raymond KELLY, etc., et al., Respondents–Respondents.
Jeffrey L. Goldberg, Port Washington, for appellant. Jeffrey D. Friedlander, Acting Corporation Counsel, New York (Inga Van Eysden of counsel), for respondents.
Jeffrey L. Goldberg, Port Washington, for appellant. Jeffrey D. Friedlander, Acting Corporation Counsel, New York (Inga Van Eysden of counsel), for respondents.
GONZALEZ, P.J., ACOSTA, SAXE, RICHTER, MANZANET–DANIELS, JJ.
Judgment, Supreme Court, New York County (Donna M. Mills, J.), entered May 30, 2012, denying the petition to annul respondents' determination, dated July 11, 2011, which denied petitioner's application for accident disability retirement benefits, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
Credible evidence supported the decision to deny accident disability retirement benefits as petitioner failed to demonstrate that the 2005 incident giving rise to the instant proceeding caused her current back disability ( see e.g. Matter of Canfora v. Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art. II, 60 N.Y.2d 347, 352, 469 N.Y.S.2d 635, 457 N.E.2d 740 [1983] ). Nor did she establish and that such incident, where she tripped over a raised screw in the floor and fell during roll call, was an accident within the meaning of Administrative Code of City of N.Y. § 13–252 ( see Matter of Hopp v. Kelly, 4 A.D.3d 176, 772 N.Y.S.2d 31 [1st Dept.2004]; Matter of Nicholas v. Safir, 297 A.D.2d 220, 745 N.Y.S.2d 799 [1st Dept.2002],lv. denied99 N.Y.2d 503, 753 N.Y.S.2d 806, 783 N.E.2d 896 [2002] ).