Matter of Tracy Wolak v Thomas DiNapoli, as State Comptroller

This Article 78 proceeding was brought about to review a determination of the Comptroller denying petitioner’s application for accidental disability retirement benefits. Petitioner began working as a police officer for the Pelham Manor Police Department in 1990. Two years later, she was assigned to the K-9 unit where she worked until she was involved in an incident in 1999. While participating in a training exercise, petitioner was bitten by a patrol dog on her unprotected bicep instead of the protected portion of her forearm. As a result, petitioner suffered nerve damaged causing her to be unfit to return to full duty as a police officer.

Petitioner applied for accidental disability retirement benefits and performance of duty retirement benefits. The performance of duty disability retirement benefits were awarded but the accidental benefits were denied. The Hearing Officer upheld the denial and respondent adopted the decision. Petitioner then commenced this Article 78 proceeding to review the determination.

In order to qualify for accidental disability retirement benefits, the injury must arise from a sudden and extraordinary event not related to the ordinary risks of performing routine duties. Petitioner was participating in a training exercise that was part of her ordinary duties that involved risks and the manner in which she was injured was not outside of the normal risks associated with the training.

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

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