Opinion
June 12, 1997
Petitioner, a correction officer at Great Meadow Correctional Facility in Washington County, was removing a prison inmate from his cell when the automatic cell gate stuck and did not open. Petitioner sustained a back injury while pulling on the cell gate in an attempt to open it. His subsequent application for accidental disability retirement benefits was denied on the grounds that his back injury was caused by his physical exertion and emanated from a risk inherent in his duties and, therefore, was not caused by an accident within the meaning of Retirement and Social Security Law § 605. As the record establishes that petitioner made the voluntary decision to pull on the gate in response to the malfunction of the automatic gate release, thereby precipitating his injury, we find that substantial evidence supports the determination that the injury to petitioner's back did not constitute an accident (see, Matter of Caramante v. Regan, 129 A.D.2d 850, 851-852, lv denied 69 N.Y.2d 611; cf., Matter of Leuenberger v. McCall, 235 A.D.2d 906, 907).
Mikoll, J.P., Mercure, White, Spain and Carpinello, JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.