IN RE: Application of Anthony PAPARELLA (1999)

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

IN RE: Application of Anthony PAPARELLA, Petitioner-Appellant, For a Judgment, etc., v. Howard SAFIR, as Police Commissioner of the City of New York and as Chair of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents-Respondents.

Decided: February 11, 1999

ROSENBERGER, J.P., LERNER, RUBIN and MAZZARELLI, JJ.

Jeffrey L. Goldberg, for Petitioner-Appellant. Jane L. Gordon, for Respondents-Respondents.

Judgment, Supreme Court, New York County (Stuart Cohen, J.), entered October 23, 1997, which denied petitioner's application to annul respondents' determination denying petitioner an accident disability pension, and dismissed the petition, unanimously affirmed, without costs.

Ample credible evidence supports respondents' determination that petitioner's disabling psychological condition was not the result of the physical injuries he sustained during either of the two arrests in which he participated and the arrested person died while in police custody. Nor can the criminal trial, civil action and lengthy departmental investigation to which petitioner was subjected following the second death, and which were found to be the cause of his disability, be deemed an “accident” for purposes of petitioner's application, i.e., a sudden, fortuitous, unexpected mischance (Matter of Lichtenstein v. Board of Trustees, 57 N.Y.2d 1010, 457 N.Y.S.2d 472, 443 N.E.2d 946).

MEMORANDUM DECISION.

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