MATTER OF RIVERA v. SEWELL

Index No. 151813/22, Appeal No. 2175, Case No. 2023-02460.

2024 NY Slip Op 02385

IN THE MATTER OF LAUREANO RIVERA, Petitioner-Appellant, v. KEECHANT SEWELL ETC., ET AL., Respondents-Respondents.

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

Decided May 2, 2024.


Attorney(s) appearing for the Case

Goldberg & McEnaney, LLC, Port Washington ( Timothy McEnaney of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Jennifer Lerner of counsel), for respondents.

Before: Manzanet-Daniels, J.P., Kern, Friedman, Rosado, O'Neill Levy, JJ.


Judgment, Supreme Court, New York County (Laurence L. Love, J.), entered December 22, 2022, which denied the petition to annul respondents' determination, dated November 10, 2021, denying petitioner's application for accidental disability benefits (ADR), and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner did not sustain his burden of showing that his injuries resulted from an accident within the meaning...

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