MATTER OF MARCHISOTTO v. KELLY


58 A.D.3d 555 (2009)

872 N.Y.S.2d 51

In the Matter of JOHN F. MARCHISOTTO, Appellant, v. RAYMOND KELLY, as Police Commissioner, et al., Respondents.

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

January 29, 2009.


Petitioner sustained a fracture of the middle phalanx of the fourth digit of his left hand when he attempted to unclog an overflowing toilet using a plumber's snake. The Board denied him an accident disability pension on the ground that use of the tool was not among his ordinary job duties, finding that petitioner "knew the proper procedure was to call maintenance for a professional to handle the job," and concluding that "the incident does not fit the criteria for accidental...

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