Opinion
February 6, 1986
Appeal from the Supreme Court, Albany County.
On January 28, 1981, while taking a burglary suspect into custody, petitioner suffered a heart attack. Subsequently, on or about April 14, 1983, petitioner filed an application for accidental disability retirement benefits. This application was disapproved on the ground that the incident in question did not constitute an accident within the meaning of Retirement and Social Security Law § 363. Petitioner appealed this determination and, after a hearing, respondent issued a determination in which he denied the application on the ground that the incident in question was not an accident. This CPLR article 78 proceeding ensued and was transferred to this court.
We confirm. The record contains substantial evidence to support respondent's determination that the incident of January 28, 1981 occurred in the ordinary course of petitioner's normal and expected duties and, as such, did not constitute an accident (see, Matter of Sheehan v. Regan, 84 A.D.2d 604, 605).
Contrary to petitioner's assertion, the change by the Legislature in 1974 of the presumption contained in Retirement and Social Security Law § 363-a did not impair any right of petitioner (cf. Matter of Lippman v. Board of Educ., 66 N.Y.2d 313). The determination must, therefore, be confirmed.
Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Kane, Casey, Weiss and Levine, JJ., concur.