MATTER OF BOTTINO v. MURPHY


209 A.D.2d 335 (1994)

619 N.Y.S.2d 11

In the Matter of Lawrence M. Bottino, Appellant, v. John J. Murphy, as Executive Director of The New York City Employees' Retirement System, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

November 22, 1994


The IAS Court properly concluded that the Board's determination was rationally based. "The nature of the occurrence [that caused the injury] was reasonably within the risk of the work performed and, as such, it cannot be construed as a sudden and unexpected event, which is a prerequisite to a grant of accident disability pension benefits" (Matter of Ortiz v New York City Employees' Retirement Sys., 173 A.D.2d 237, 238, lv denied...

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