Opinion
May 11, 2000.
Order, Supreme Court, New York County (Robert Lippmann, J.), entered February 2, 1999, which granted petitioner's application pursuant to CPLR Article 78 to annul respondents' determination denying him line-of-duty accident disability retirement benefits, unanimously affirmed, without costs.
Jeffrey L. Goldberg, for petitioner-respondent.
Alan Beckoff, for respondents-appellants.
SULLIVAN, P.J., ROSENBERGER, ELLERIN, LERNER, FRIEDMAN, JJ.
Petitioner's slip and fall on a piece of carbon paper is, as a matter of law, the kind of unexpected event necessary to constitute an accident for disability retirement purposes (see, Matter of Starnella v. Bratton, 92 N.Y.2d 836; Matter of McCambridge v. McGuire, 62 N.Y.2d 563). Accordingly, the annulment of the determination denying petitioner accidental disability retirement benefits should be affirmed.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.