We confirm. “Petitioner bears the burden of demonstrating that his disability arose out of an accident as defined by the Retirement and Social Security Law, and [the Comptroller's] determination in that regard will be upheld if supported by substantial evidence” (Matter of Rolon v. DiNapoli, 67 A.D.3d 1298, 1299, 889 N.Y.S.2d 303 [2009] [citation omitted]; see Matter of Garbowski v. Nitido, 139 A.D.3d 1302, 1303, 32 N.Y.S.3d 377 [2016] ). “In order to be deemed accidental, an injury must not have been the result of activities undertaken in the ordinary course of one's job duties but, rather, must be due to a precipitating accidental event which is not a risk of the work performed” (Matter of Schoales v. DiNapoli, 132 A.D.3d 1184, 1185, 18 N.Y.S.3d 765 [2015] [internal quotation marks and citations omitted]; see Matter of Hyland v. New York State Comptroller, 121 A.D.3d 1149, 1149, 993 N.Y.S.2d 789 [2014] ). Petitioner, who was assigned to an Emergency Services Unit, testified that scaling fences was a part of his regular job duties.

Respondent's determination will be upheld if supported by substantial evidence (see Matter of Roth v. DiNapoli, 105 A.D.3d 1183, 1184, 963 N.Y.S.2d 441 [2013] ). For the purposes of Retirement and Social Security Law § 363, an injury that results from "a risk of the work performed" is not an accident (Matter of Schoales v. DiNapoli, 132 A.D.3d 1184, 1185, 18 N.Y.S.3d 765 [2015] [internal quotation marks and citation omitted]; see Matter of Hyland v. New York State Comptroller, 121 A.D.3d 1149, 1149, 993 N.Y.S.2d 789 [2014] ). Consistent with this principle, this Court has long recognized that police officers face many substantial risks in the regular course of their duties that are inherent to the work that they perform (see e.g. Matter of Schoales v. DiNapoli, 132 A.D.3d at 1186, 18 N.Y.S.3d 765 ; Matter of Lanzetta v. DiNapoli, 130 A.D.3d 1109, 1109–1110, 12 N.Y.S.3d 643 [2015] ; Matter of Scofield v. DiNapoli, 125 A.D.3d 1086, 1086–1087, 3 N.Y.S.3d 452 [2015] ; Matter of Dicioccio v. DiNapoli, 124 A.D.3d 1170, 1170–1172, 3 N.Y.S.3d 162 [2015] ; Matter of Bennett v. DiNapoli, 119 A.D.3d 1310, 1310–1311, 991 N.Y.S.2d 167 [2014] ; Matter of Carpenter v. DiNapoli, 104 A.D.3d 1037, 1038, 961 N.Y.S.2d 598 [2013] ; Matter of Franks v. New York State & Local Retirement Sys., 47 A.D.3d 1115, 1115–1116, 849 N.Y.S.2d 714 [2008] ; Matter of Sansone v. Levitt, 67 A.D.2d 1044, 1044–1045, 413 N.Y.S.2d 500 [1979] ).According to petitioner, he was considered a first responder to emergency calls and had a duty

Further, although petitioner testified that the drains were recessed into the floor, there is nothing in the record establishing any defect in the drain. Under these circumstances, we find that substantial evidence supports the Comptroller's determination that the incident was not "a sudden fortuitous mischance which was unexpected and out of the ordinary" and, therefore, did not constitute an accident (see Matter of Hyland v New York State Comptroller, 121 AD3d 1149, 149-150 [2014]; Matter of Hunce v DiNapoli, 106 AD3d 1427, 1428-1429 [2013]; Matter of Little v DiNapoli, 85 AD3d 1273, 1274-1275 [2011]). Petitioner's remaining contentions have been reviewed and do not warrant disturbing the Comptroller's determination.