Opinion
September 24, 1992
Appeal from the Supreme Court, Albany County.
Respondent Comptroller ruled that the injury to petitioner's knee was not the result of an unexpected event and, as such, did not constitute an accident within the meaning of Retirement and Social Security Law § 363 (see, Matter of McCambridge v McGuire, 62 N.Y.2d 563, 568; Matter of Edwards v New York State Local Employees' Retirement Sys., 165 A.D.2d 972, 973, lv denied 77 N.Y.2d 802). Petitioner, a police officer, allegedly injured himself when his chair rolled away as he attempted to sit at his desk. A witness testified that petitioner touched the arm of the chair before it began to roll away. In addition, petitioner testified that even before the incident he felt pain in his knee. This evidence does not support the conclusion that petitioner's injury was the result of a "`sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact'" (Matter of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept., 57 N.Y.2d 1010, 1012, quoting Johnson Corp. v Indemnity Ins. Co., 6 A.D.2d 97, 100, affd 7 N.Y.2d 222), but was the result of petitioner's own misstep (see, Matter of Chambers v Regan, 125 A.D.2d 920, 921). Consequently, the Comptroller's determination denying petitioner's application for accidental disability retirement benefits is supported by substantial evidence and must be upheld (see, Matter of Finnegan v Regan, 116 A.D.2d 878, 879).
Levine, J.P., Mercure, Mahoney, Casey and Harvey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.