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MATTER OF SMITH v. NEW YORK CITY EMPLOYEES' RET. SYS.

215 A.D.2d 256 (1995)

626 N.Y.S.2d 200

In the Matter of James V. Smith, Appellant, v. New York City Employees' Retirement System et al., Respondents

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

May 18, 1995

Respondents' determination that the injury petitioner sustained to his shoulder and back when, in the course of his employment with the New York City Parks Department, he lifted a wheelbarrow into a dump truck, was not the result of an unexpected event, and thus not an "accident" within the meaning of Retirement and Social Security Law § 605 (b) (3), was not arbitrary and capricious (see, Matter of Lichtenstein v Board of Trustees, 57 N...

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