Matter of Paul A. Stymiloski v. Thomas DiNapoli, as Comptroller of the State of New York

This Article 78 proceeding was commenced to review a determination of respondent denying petitioner’s application for accidental disability retirement benefits. Petitioner, Paul Stymiloski, was a police officer in the Village of Ossining. In December of 2005, he was engaged in a routine patrol when he noticed a vehicle parked by a 24-hour pharmacy was on fire. He radioed for assistance and then, with the help of the car’s owner, pushed the car away from the store’s entrance to minimize the risk of the fire spreading. After the fire personnel arrived, petitioner and two fire fighters pushed the car even further away. In the process of doing this, petitioner slipped and fell on ice that formed from water the fire department had sprayed to put out the fire. Petitioner sustained a shoulder injury and filed for accidental disability and performance of duty retirement benefits. He was awarded the performance of duty benefits but denied the accidental disability retirement benefits. He then requested a redetermination but the Hearing Officer upheld the decision prompting this Article 78 appeal.

The Supreme Court agreed with the Hearing Officer’s determination. Since petitioner sustained his injury while performing “ordinary employment duties” as a result of “an unexpected or foreseeable event” it would not merit an award of benefits based on the accidental disability provision.

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

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