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Matter of Alessio v. N.Y. Ct. Employees' Ret. Sys

Court of Appeals of the State of New York
May 6, 1986
67 N.Y.2d 978 (N.Y. 1986)

Opinion

Decided May 6, 1986

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Burton S. Sherman, J.

Arthur I. Strier and Simon Wynn for appellant.

Frederick A.O. Schwarz, Jr., Corporation Counsel (Fred Kolikoff of counsel), for respondent.


MEMORANDUM.

The order should be affirmed, with costs.

We agree with the Appellate Division that there is no basis for upsetting the determination denying petitioner's application for accident disability retirement. The restrictive language of Administrative Code of the City of New York § B3-40.0 permits retirement on accident disability only where the "time, place and conditions" of whatever "result[ed] in such disability" can be certified as "city-service". Here it is not disputed that petitioner's injury occurred while on the way to work rather than while actually engaged therein.

Petitioner's reliance on case law construing Workers' Compensation Law § 10 is misplaced. The language of that statute provides for benefits whenever the injury is one "arising out of and in the course of the employment". By contrast, the language of section B3-40.0 of the Code limits accident disability benefits to those situations where actual "city service performed" results in the employee's disability.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.


Summaries of

Matter of Alessio v. N.Y. Ct. Employees' Ret. Sys

Court of Appeals of the State of New York
May 6, 1986
67 N.Y.2d 978 (N.Y. 1986)
Case details for

Matter of Alessio v. N.Y. Ct. Employees' Ret. Sys

Case Details

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

Court:Court of Appeals of the State of New York

Date published: May 6, 1986

Citations

67 N.Y.2d 978 (N.Y. 1986)
502 N.Y.S.2d 992
494 N.E.2d 97

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