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MATTER OF KENNY v. DiNAPOLI

11 N.Y.3d 873 (2008)

In the Matter of PAUL G. KENNY, Appellant, v. THOMAS P. DiNAPOLI, as New York State Comptroller, Respondent.

Court of Appeals of the State of New York.

Decided December 17, 2008.

Attorney(s) appearing for the Case

Annette G. Hasapidis, South Salem, for appellant.

Andrew M. Cuomo, Attorney General, Albany (William E. Storrs, Barbara D. Underwood, Andrew D. Bing and Peter H. Schiff of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

In the context of accidental disability retirement benefits, we have defined an accident as a "sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact" and we have indicated that "an injury which occurs without an unexpected event as the result of activity undertaken in the performance of ordinary employment duties...

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