Opinion
October 6, 1992
Appeal from the Supreme Court, New York County (Edward J. Greenfield, J.).
The IAS Court properly concluded that the Board's determination was rationally based. When the nature of the incident that caused injury is "reasonably within the risk of the work performed and, as such, it cannot be construed as a sudden and unexpected event", accident disability benefits under Administrative Code of the City of New York § 13-168 are not to be granted (Matter of Ortiz v New York City Employees' Retirement Sys., 173 A.D.2d 237, 238, lv denied 78 N.Y.2d 864). Here, it is not disputed that cleaning the hopper of the sanitation truck was a part of petitioner's routine duties as an employee of the Sanitation Department and the incident was not the kind of "sudden and unexpected" event that constitutes an accident. (Matter of Lichtenstein v Board of Trustees, 57 N.Y.2d 1010.) Rather, the occurrence was reasonably within the risk of the work performed.
Concur — Ellerin, J.P., Wallach, Ross and Kassal, JJ.