Matter of Theodore Tomita v Thomas P. DiNapoli, as Comptroller of the State of New York

Petitioner brought about this Article 78 appeal to review a determination denying his application for accidental disability benefits. Petitioner was a police lieutenant employed by the City of Newburgh Police Department in Orange County. He tripped on a curb after working an overnight shift. Petitioner then filed for accidental disability benefits and was denied. He then requested a redetermination and a hearing. At the hearing, the Hearing Officer ruled in favor of Petitioner and determined that the incident qualified as an accident within the meaning of Retirement and Social Security Law §363. The Respondent then appealed the decision and it was reversed which led to Petitioner commencing this Article 78 appeal.

The Court notes that an accident within the meaning of Retirement and Social Security Law §363 is unexpected and not as a result of an activity performed during normal work duties. The burden of proof is on the Petitioner and since Petitioner admitted to being familiar with the parking lot and that the streetlights had been off other times, he could have reasonably anticipated the hazard. Therefore, Petitioner was injured as a result of his own misstep and not eligible for accidental disability benefits.

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

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