MATTER OF SCIABARASSI v. SAFIR


298 A.D.2d 329 (2002)

749 N.Y.S.2d 28

In the Matter of AUGUSTINE SCIABARASSI, Appellant, v. HOWARD SAFIR, as Police Commissioner of the City of New York, et al., Respondents.

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

Decided October 31, 2002.


Inasmuch as petitioner, at the time of his fall on the roof of the police communications building, was inspecting a radio tower in pursuance of his normal duties as Commanding Officer of the Police Department Communications Division, and the risk of tripping, as petitioner did, in a roof depression, was a foreseeable risk of that work, there exists no basis to disturb respondent Board's determination denying petitioner accident disability retirement benefits (see Matter...

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