MATTER OF CARRELLA v. DINAPOLI

514407.

98 A.D.3d 1220 (2012)

951 N.Y.S.2d 592

2012 NY Slip Op 6354

In the Matter of KENNETH CARRELLA, Petitioner, v. THOMAS P. DINAPOLI, as State Comptroller, Respondent.

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

September 27, 2012.


McCarthy, J.

During his employment as a firefighter, petitioner was dispatched to assist a man who had collapsed in his bathroom. While tending to the victim, petitioner apparently slipped on urine on the bathroom floor, which caused the victim's body to fall on petitioner's right leg, injuring his knee. Petitioner's application for accidental disability retirement benefits was denied on the ground that the incident was not an accident within the meaning of Retirement...

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