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Dec 16, 2025

Petitioner's application for accidental disability retirement [ADR] benefits based on her alleged exposure Covid 19 at the worksite denied

A New York State Supreme Court Judge denied Plaintiff's petition seeking to annul the New York City Medical Board and the Trustees of the New York City Police Pension Fund [Respondents] determination's, denying Plaintiff's application for accidental disability retirement [ADR] benefits based on her alleged exposure to Covid 19 and dismissed the proceeding brought pursuant to CPLR Article 78.

Plaintiff appealed the Supreme Court's ruling. The Appellate Division affirmed the Supreme Court's decision.

Noting that Petitioner's contracted COVID-19 10 months after then-Governor Andrew Cuomo first declared an emergency and after millions of people tested positive, the Appellate Division concluded that Plaintiff had not suffered an "accident," as it was not unexpected given the widespread circulation of the virus. In the words of the Court, "... Petitioner's] job required contact with others who may have been exposed, exposure to COVID-19 [which] was part of a known and ordinary risk of her job at that time".

Holding that Supreme Court "... properly concluded that [Petitioner] did not sustain her burden of showing that the Trustees' determination to deny her application for ADR benefits was arbitrary and capricious or unlawful as a matter of law", as Petitioner "failed to demonstrate that her exposure to COVID-19 was service-related". Further, the Appellate Division explained that it was rational for the Trustees to find that Petitioner, having worked with a colleague who tested positive for COVID-19 six days after Petitioner did, failed to demonstrate that Petitioner's illness was caused by exposure to that person. 

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


Editor in Chief Harvey Randall served as Director of Personnel, SUNY Central Administration, Director of Research , Governor's Office of Employee Relations and Principal Attorney, Counsel's Office, New York State Department of Civil Service. 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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