IN RE: Tyler HENDRICK (2025)

Judgment (denominated an order), Supreme Court, New York County (Arlene P. Bluth, J.), entered on or about March 12, 2024, denying the petition to annul respondents’ determination which denied accidental disability retirement benefits (ADR), and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The determination of respondent Board of Trustees of the Police Pension Fund denying ADR benefits was supported by credible evidence (see Matter of Meyer v. Board of Trustees of N.Y. City Fire Dept., Art. 1–B Pension Fund, 90 N.Y.2d 139, 145, 659 N.Y.S.2d 215, 681 N.E.2d 382 [1997]).  Petitioner was injured when he slipped on ice cubes while getting into a police SUV after responding to a 911 call.  In support of his application for ADR benefits, petitioner submitted photographs of the scene of the incident that were taken 20 to 30 minutes afterwards.  The photographs show clearly visible ice clumps in front of and under the police vehicle, which the Trustees reasonably concluded were open and obvious (see Matter of McCambridge v. McGuire, 62 N.Y.2d 563, 567–568, 479 N.Y.S.2d 171, 468 N.E.2d 9 [1984]).

Additionally, the Trustees appropriately considered whether petitioner was acting within the scope of his ordinary employment duties and whether the incident was an inherent risk of those regular duties (see Matter of Compagnone v. DiNapoli, 42 N.Y.3d 1075, ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2024 N.Y. Slip Op 06235, *2 [2024]).  It is an inherent risk of petitioner's regular job duties to encounter debris on the sidewalk and roadway while responding to a 911 call.