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MATTER OF SANTIAGO v. O'NEILL

11837. 100856/18.

185 A.D.3d 494 (2020)

125 N.Y.S.3d 546

2020 NY Slip Op 03996

In the Matter of Danny Santiago, Respondent, v. James O'Neill et al., Appellants.

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

Decided July 16, 2020.

The denial of ADR benefits to petitioner is not arbitrary and capricious because members of the Board of Trustees determined that petitioner's traversing of unfamiliar staircases in unfamiliar locations is a routine risk of a police officer's job (see Matter of Starnella v Bratton, 92 N.Y.2d 836, 839 [1998]). Moreover, the Board observed that the steps on which petitioner tripped do not appear to be defective or damaged, and the...

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