MATTER OF GALLUCCIO v. O'NEILL

Index No. 100706/2018. Appeal No. 11891. Case No. 2019-04050.

186 A.D.3d 1153 (2020)

129 N.Y.S.3d 754

2020 NY Slip Op 05136

In the Matter of Gerard Galluccio, Respondent, v. James P. O'Neill et al., Appellants.

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

Decided September 29, 2020.


Responding to a family disturbance call, petitioner police officer was exiting the passenger side of his patrol van in haste when his service firearm got caught on the seatbelt, and he fell to the ground, suffering spine and shoulder injuries.

The New York City Administrative Code requires Accident Disability Retirement (ADR) benefits when a medical examination shows that the police officer is "physically or mentally incapacitated...

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