IN RE: Application of Frank FINAZZO (2000)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of Frank FINAZZO, Petitioner-Respondent, For a Judgment, etc., v. Howard SAFIR, etc., et al., Respondents-Appellants.

Decided: June 13, 2000

ROSENBERGER, J.P., MAZZARELLI, ELLERIN, RUBIN and FRIEDMAN, JJ.

Jeffrey L. Goldberg, for Petitioner-Respondent. John Hogrogian, for Respondents-Appellants.

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered February 19, 1999, which, insofar as appealed from, granted petitioner's application to annul respondents' denial of an accident disability retirement pension, and remanded the matter to respondents for further proceedings, unanimously affirmed, without costs.

Petitioner's line-of-duty report, which contains the version of the accident that respondents urge should be credited, states that petitioner fell in the precinct parking lot after he stepped out of his patrol car and, walking toward the station house, “tripped in a construction hole”. As a matter of law, such fall was an accident within the meaning of Administrative Code of the City of New York § 13-252 (see, Matter of Starnella v. Bratton, 92 N.Y.2d 836, 839, 677 N.Y.S.2d 62, 699 N.E.2d 421, citing Matter of McCambridge v. McGuire, 62 N.Y.2d 563, 479 N.Y.S.2d 171, 468 N.E.2d 9).

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network