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MATTER OF RIZZO v. DiNAPOLI

No. 106 SSM 16.

39 N.Y.3d 991 (2022)

202 N.E.3d 559

182 N.Y.S.3d 1

2022 NY Slip Op 06027

In the Matter of ROSA Rizzo, Appellant, v. THOMAS P. DiNAPOLI, as State Comptroller, et al., Respondents.

Court of Appeals of New York.

Decided October 27, 2022.

Attorney(s) appearing for the Case

McIntyre, Donohue, Accardi, Salmonson & Riordan, Bay Shore ( Sean Patrick Riordan of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Kate H. Nepveu , Barbara D. Underwood , Andrea Oser and Victor Paladino of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), judgment affirmed, with costs.

An "`injury which occurs without an unexpected event as the result of activity undertaken in the performance of ordinary employment duties, considered in view of the particular employment in question, is not an accidental injury'" (Matter of Kelly v DiNapoli,

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