New York Civil Service Attorney Law Blog : New York Civil Service Lawyer & Attorney : Kevin P. Sheerin : Article 78 : Serving New York City, Long Island, Manhattan, Bronx, Brooklyn, Queens, Staten Island

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Matter of Joseph Confreda v New York State Comptroller

This Article 78 proceeding was brought about by petitioner, Joseph Confreda, to review a determination of respondent Comptroller denying petitioner accidental disability retirement benefits. Petitioner was employed by the Port Authority of New York and New Jersey as a police officer. In January 2005 while on the job, petitioner slipped and fell on accumulated snow and ice on a wooden plan in front of his command post. He was denied accidental disability retirement benefits because his incident was considered not an accident. Petitioner requested a redetermination and the Hearing Officer denied the petition on the same grounds. Petitioner then commenced this Article 78 appeal.

The burden of proof relies on the petitioner to prove that the injury was accidental. Petitioner testified that he had walked across the plank multiple times during his shift without noticing any snow or ice. In the injury report, petitioner wrote that he “slipped and fell on snow and ice covering [the] plywood”. Since his written statement describes the plank as being ice covered, the Court concluded that petitioner should have been aware of this dangerous condition and been able to anticipate the possibility of falling.

Accordingly, the Court confirmed the determination, without costs, and dismissed the petition.