Matter of Policastro v. Regan

5 Citing cases

  1. Pugliese v. State

    161 A.D.2d 1095 (N.Y. App. Div. 1990)   Cited 7 times

    Pelcher, however, conceded that part of his job entailed physical contact in aiding the public and it is clear from the record that he affirmatively undertook to save a presumably intoxicated individual after he began falling. Accordingly, the Comptroller could properly conclude that Pelcher undertook a risk inherent in a police officer's regular duties, a conclusion supported, in this instance, by substantial evidence in the record (see, Matter of Policastro v. Regan, 73 A.D.2d 745). Determination confirmed, and petition dismissed, without costs.

  2. Matter of Janelli v. Regan

    92 A.D.2d 966 (N.Y. App. Div. 1983)   Cited 3 times

    Petitioner's primary argument is that the Comptroller's determination is not supported by substantial evidence. In this regard, it is well established that the Comptroller is vested with "exclusive authority" to determine whether a certain event constitutes an accident (Retirement and Social Security Law, § 374, subd b; Matter of Meaney v. Regan, 88 A.D.2d 1020). Despite the sympathetic nature of this case, upon the undisputed facts, the Comptroller could rationally determine that petitioner's exposure to benzidine over a period of many years was not an accident within the meaning of section 363 Retire. Soc. Sec. of the Retirement and Social Security Law (see Matter of Rinaldi v. Board of Trustees of N.Y. City Employees' Retirement System, 88 A.D.2d 870). Accordingly, the instant determination must be confirmed ( Matter of Policastro v. Regan, 73 A.D.2d 745; Matter of Sorge v. Levitt, 71 A.D.2d 767). In so ruling, we have considered petitioner's remaining contentions and find them to be without merit.

  3. Matter of Soto v. Regan

    88 A.D.2d 1032 (N.Y. App. Div. 1982)

    After a hearing, the Comptroller found that the incident of October 10, 1973 was not an "accident" within the meaning of section 63 Retire. Soc. Sec. of the Retirement and Social Security Law. This proceeding ensued. The Comptroller is vested with the exclusive authority to determine all applications for retirement benefits (Retirement and Social Security Law, § 74, subd b; Matter of Croshier v Levitt, 5 N.Y.2d 259). As part of that authority, the Comptroller may decide in applying the law that a certain event does not constitute an accident ( Matter of Group v McGovern, 8 A.D.2d 885). On the facts contained in this record, the Comptroller could properly determine that the bolting of the rototiller while being operated by petitioner, which caused his back injury disabling him from further employment as a maintenance plumber, was "not wholly `unexpected,' but rather * * * a recognized risk inherent in such an activity" ( Matter of Galutia v Levitt, 78 A.D.2d 941; Matter of Policastro v Regan, 73 A.D.2d 745; Matter of Deos v Levitt, 62 A.D.2d 1121, 1122). The determination is supported by substantial evidence.

  4. Matter of Mead v. Regan

    84 A.D.2d 620 (N.Y. App. Div. 1981)   Cited 2 times

    The Retirement and Social Security Law provides, in part, that accidental disability retirement benefits shall be allowed where the disability is the result of an "accident" (Retirement and Social Security Law, § 63, subd a, par 2). The Comptroller is vested with "exclusive authority" to determine all applications for any form of retirement (Retirement and Social Security Law, § 74, subd b) and, therefore, the issue is whether his determination that the incident did not constitute an accident is supported by substantial evidence (Matter of Croshier v. Levitt, 5 N.Y.2d 259, 265-266). Upon the undisputed facts of this case, respondent could rationally determine that the incident was not an accident for the reason that any disability resulted from activity in the ordinary performance of petitioner's duties (Matter of Galutia v Levitt, 78 A.D.2d 941; Matter of Policastro v. Regan, 73 A.D.2d 745; Matter of Hill v. Levitt, 67 A.D.2d 1071; Matter of Deos v Levitt, 62 A.D.2d 1121). Determination confirmed, and petition dismissed, without costs. Sweeney, J.P., Kane, Main, Casey and Herlihy, JJ., concur.

  5. Matter of Anguish v. Regan

    80 A.D.2d 695 (N.Y. App. Div. 1981)   Cited 5 times

    Petitioner contends that the Comptroller erred in ruling that there had been no accident within the meaning of the statute. We have previously confirmed determinations by the Comptroller denying accidental disability benefits for back injuries sustained during the performance of ordinary duties as the result of incidents which are recognized risks inherent in the activities being performed (e.g., Matter of Policastro v. Regan, 73 A.D.2d 745; Matter of Hill v. Levitt, 67 A.D.2d 1071; Matter of Deos v. Levitt, 62 A.D.2d 1121). The evidence here establishes that the stairway was well lit and free of debris and that there were no loose stair treads, railings or other equipment that caused petitioner to slip.