Opinion
11837 Index 100856/18
07-16-2020
In re Danny SANTIAGO, Petitioner–Respondent, v. James O'NEILL, etc., et al., Respondents–Appellants.
James E. Johnson, Corporation Counsel, New York (Jonathan A. Popolow of counsel), for appellants. Goldberg & McEnaney, LLC, Port Washington (Jeffrey L. Goldberg and Timothy McEnaney of counsel), for respondent.
James E. Johnson, Corporation Counsel, New York (Jonathan A. Popolow of counsel), for appellants.
Goldberg & McEnaney, LLC, Port Washington (Jeffrey L. Goldberg and Timothy McEnaney of counsel), for respondent.
Manzanet–Daniels, J.P., Mazzarelli, Gesmer, Oing, Singh, JJ.
Order and judgment (one paper), Supreme Court, New York County (John J. Kelley, J.), entered February 19, 2019, annulling the determination, dated March 15, 2018, of respondent Board of Trustees of the Police Pension Fund, Article II, which denied petitioner accidental disability retirement (ADR) benefits, unanimously reversed, on the law, the judgment vacated, the petition denied, and the proceeding brought pursuant to CPLR article 78, dismissed, without costs.
The denial of ADR benefits to petitioner is not arbitrary and capricious because members of the Board of Trustees determined that petitioner's traversing of unfamiliar staircases in unfamiliar locations is a routine risk of a police officer's job (see Matter of Starnella v. Bratton, 92 N.Y.2d 836, 839, 677 N.Y.S.2d 62, 699 N.E.2d 421 [1998] ). Moreover, the Board observed that the steps on which petitioner tripped do not appear to be defective or damaged, and the lip that caused the injury appears to be a permanent part of the design of the staircase and was painted yellow.