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Matter of Murphy v. Bratton

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1996
225 A.D.2d 411 (N.Y. App. Div. 1996)

Opinion

March 19, 1996

Appeal from the Supreme Court, New York County (Robert Lippmann, J.).


Petitioner failed to establish entitlement to such benefits by demonstrating that his loss of hearing was the natural and proximate result of a service-related accident, which is a prerequisite to a grant of accident disability pension benefits ( Matter of Canfora v Board of Trustees, 60 N.Y.2d 347, 352; Matter of Ortiz v New York City Employees' Retirement Sys., 173 A.D.2d 237, lv denied 78 N.Y.2d 864). Petitioner's participation in firing exercises at the firing range was a part of her routine duties as a police officer and the hearing loss sustained as a result was not the kind of sudden and unexpected event necessary to constitute an accident ( see, Matter of Schussler v Codd, 59 N.Y.2d 698, 700, citing Matter of Lichtenstein v Board of Trustees, 57 N.Y.2d 1010). Rather, the hearing loss "was a risk inherent in petitioner's regular duties" ( Matter of Hambel v Regan, 174 A.D.2d 891, 892-893, affd 78 N.Y.2d 1092).

We have considered petitioner's other arguments and find them to be without merit.

Concur — Milonas, J.P., Rosenberger, Ellerin, Rubin and Williams, JJ.


Summaries of

Matter of Murphy v. Bratton

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1996
225 A.D.2d 411 (N.Y. App. Div. 1996)
Case details for

Matter of Murphy v. Bratton

Case Details

Full title:In the Matter of ELIZABETH MURPHY, Appellant, v. WILLIAM BRATTON, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 19, 1996

Citations

225 A.D.2d 411 (N.Y. App. Div. 1996)
640 N.Y.S.2d 17

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