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MATTER OF CRAVOTTA v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM

2010-09476.

89 A.D.3d 842 (2011)

932 N.Y.S.2d 367

2011 NY Slip Op 8147

In the Matter of JAMES CRAVOTTA, Appellant, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

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

Decided November 9, 2011.

Ordered that the judgment is affirmed, with costs.

The petitioner, a sanitation worker with the New York City Department of Sanitation, injured his knee when, due to a slippery substance from a dump site that formed on his shoe, he allegedly slipped on a step of a sanitation truck that he was exiting. The New York City Employees' Retirement System (hereinafter NYCERS) denied the petitioner's application for accidental disability retirement benefits because his injury...

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