ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

November 07, 2023

Accidental Disability Retirement benefits are awardable only where the individual's disability was the natural and proximate result of a service-related accident

Supreme Court granted the petition brought a New York City firefighter [Firefighter]  pursuant to CPLR Article 78 to annul the determination of Board of Trustees of the New York City Fire Department, Subchapter II Fire Pension Fund [Fund] rejecting a Firefighter's application for accidental disability retirement [ADR] benefits and for attorneys' fees. Fund appealed Supreme Court's ruling and the Appellate Division unanimously reversed the lower court's decision "on the law, without costs," and dismissed the proceeding brought pursuant to CPLR Article 78.

In the words of the Appellate Division, "ADR benefits are awardable only where the individual's disability was the natural and proximate result of a service-related accident, i.e., "a 'sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact'", citing Matter of Brown v Kelly, 100 AD3d 480, quoting Matter of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept. of City of NY, Art. II, 57 NY2d 1010, 1012.

The Appellate Division explained "[Firefighter's] injury was the result of an incidental — not accidental — event," referencing Matter of Kelly v DiNapoli, 30 NY3d 674, because Firefighter's injury was sustained while Firefighter was performing routine duties, not as a result of an unexpected event as the dehydration suffered by Firefighter while running in hot weather in heavy gear was a foreseeable risk of the firefighting training exercise.

Further, citing Matter of A.G. Ship Maintenance Corp. v Lezak, 69 NY2d 1, the Appellate Division observed Supreme Court should not have awarded Firefighter attorneys' fees as there was "no basis for the award absent an agreement, statute, or court rule providing for [such] relief".

Click HERE to access the Appellate Division's decision posted on the Internet.

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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