MATTER OF WALLEN v. SAFIR


261 A.D.2d 183 (1999)

689 N.Y.S.2d 392

In the Matter of DAVID WALLEN, Appellant, v. HOWARD SAFIR, as Police Commissioner of the City of New York, and as Chair of the Board of Trustees Police Pension Fund, Article II, et al., Respondents.

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

Decided May 11, 1999.


The application was properly denied on the ground that petitioner, whose disabling line-of-duty ankle injury was sustained when he tripped over a raised plank of plywood covering part of a precinct house stairway landing, failed to show that his injury was the result of an accident, i.e., a sudden and unexpected event (see, Matter of Starnella v Bratton, 92 N.Y.2d 836...

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