Canner v. New York State Comptroller, 97 A.D.3d 1091 (N.Y. App. Div. 2012). · Go Syfert
Canner v. New York State Comptroller, 97 A.D.3d 1091 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
21 citation events (21 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Compagnone v. DiNapoli (nyappdiv, 2023-01-26)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Compagnone v. DiNapoli
N.Y. App. Div. · 2023 · confidence medium
As petitioner's regular employment duties included conducting investigations in the dark, the risk that he might fall due to an unseen condition while engaged in such activity is an inherent risk of that employment; thus, substantial evidence supports respondent's finding that this incident did not constitute an accident within the meaning of the Retirement and Social Security Law ( see Matter of Walion v New York State & Local Police & Fire Retirement Sys. , 118 AD3d 1215 , 1216 [3d Dept 2014]; Matter of Sikoryak v DiNapoli , 104 AD3d 1042, 1043 [3d Dept 2013]; Matter of Canner v New York Sta…
discussed Cited as authority (rule) Matter of Valente v. New York State Comptroller
N.Y. App. Div. · 2022 · confidence medium
The risk that a police officer may trip on uneven pavement while engaged in such activity is an inherent risk of that employment; thus, substantial evidence supports the Comptroller's finding that petitioner did not sustain his burden of proving that the incident constituted an accident within the meaning of Retirement and Social Security Law § 363 ( see Matter of Parry v New York State Comptroller , 187 AD3d at 1305 ; Matter of Walion v New York State & Local Police & Fire Retirement Sys. , 118 AD3d 1215 , 1216 [2014]; Matter of Canner v New York State Comptroller , 97 AD3d 1091, 1092 [2012]…
discussed Cited as authority (rule) Matter of Garbowski v. Nitido
N.Y. App. Div. · 2016 · confidence medium
Further, the risk that he could fall over a tree branch hidden under the snow while conducting the search is inherent in the performance of petitioner’s job duties and, therefore, the Comptroller’s determination that the 2010 incident was not an accident within the meaning of the Retirement and Social Security Law is supported by substantial evidence (see Matter of Walion v New York State & Local Police & Fire Retirement Sys., 118 AD3d 1215, 1216 [2014]; Matter of Canner v New York State Comptroller, 97 AD3d 1091, 1092 [2012], lv denied 20 NY3d 851 [2012]; Matter of Fischer v New York Stat…
discussed Cited as authority (rule) Fiducia v. DiNapoli (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2013 · confidence medium
“Rather, [t]he precipitating event must emanate from a risk that is not an inherent element of the petitioner’s regular employment duties” (Matter of Canner v New York State Comptroller, 97 AD3d 1091, 1092 [2012], lv denied 20 NY3d 851 [2012] [internal quotation marks and citations omitted]; see Matter of Murray v New York State Comptroller, 84 AD3d 1681, 1682 [2011]).
discussed Cited as authority (rule) Fiducia v. DiNapoli (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2013 · confidence medium
“Rather, [t]he precipitating event must emanate from a risk that is not an inherent element of the petitioner’s regular employment duties” (Matter of Canner v New York State Comptroller, 97 AD3d 1091, 1092 [2012], lv denied 20 NY3d 851 [2012] [internal quotation marks and citations omitted]; see Matter of Murray v New York State Comptroller, 84 AD3d 1681, 1682 [2011]).
discussed Cited as authority (rule) Sikoryak v. DiNapoli (2×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
“Rather, [t]he precipitating event must emanate from a risk that is not an inherent element of the petitioner’s regular employment duties” (Matter of Canner v New York State Comptroller, 97 AD3d at 1092 [internal quotation marks and citation omitted]; accord Matter of Henry v DiNapoli, 82 AD3d 1446, 1447 [2011]).
discussed Cited as authority (rule) Sikoryak v. DiNapoli (2×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
“Rather, [t]he precipitating event must emanate from a risk that is not an inherent element of the petitioner’s regular employment duties” (Matter of Canner v New York State Comptroller, 97 AD3d at 1092 [internal quotation marks and citation omitted]; accord Matter of Henry v DiNapoli, 82 AD3d 1446, 1447 [2011]).
discussed Cited "see" Scofield v. DiNapoli
N.Y. App. Div. · 2015 · signal: accord · confidence high
In order to qualify as an accident within the meaning of the Retirement and Social Security Law, “the precipitating event must be a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact” (Matter of Hunce v DiNapoli, 106 AD3d 1427, 1428 [2013] [internal quotation marks and citations omitted]; see Matter of Bennett v DiNapoli, 119 AD3d at 1310 ). “[A]n incident does not qualify as an accident justifying the award of accidental disability retirement benefits where the injury results from an expected or foreseeable event arising in the performance of routine …
discussed Cited "see" Scofield v. DiNapoli
N.Y. App. Div. · 2015 · signal: accord · confidence high
In order to qualify as an accident within the meaning of the Retirement and Social Security Law, “the precipitating event must be a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact” (Matter of Hunce v DiNapoli, 106 AD3d 1427, 1428 [2013] [internal quotation marks and citations omitted]; see Matter of Bennett v DiNapoli, 119 AD3d at 1310 ). “[A]n incident does not qualify as an accident justifying the award of accidental disability retirement benefits where the injury results from an expected or foreseeable event arising in the performance of routine …
discussed Cited "see" Walion v. New York State & Local Police & Fire Retirement System
N.Y. App. Div. · 2014 · signal: see · confidence high
To qualify as an accident for purposes of an accidental disability retirement application, the event “must emanate from a risk that is not an inherent element of the petitioner’s regular employment duties” (Matter of Amadio v McCall, 2 AD3d 1131, 1132 [2003]; see Matter of Canner v New York State Comptroller, 97 AD3d 1091, 1092 [2012], lv denied 20 NY3d 851 [2012]; Matter of McCabe v Hevesi, 38 AD3d 1035, 1036 [2007]).
discussed Cited "see" Walion v. New York State & Local Police & Fire Retirement System
N.Y. App. Div. · 2014 · signal: see · confidence high
To qualify as an accident for purposes of an accidental disability retirement application, the event “must emanate from a risk that is not an inherent element of the petitioner’s regular employment duties” (Matter of Amadio v McCall, 2 AD3d 1131, 1132 [2003]; see Matter of Canner v New York State Comptroller, 97 AD3d 1091, 1092 [2012], lv denied 20 NY3d 851 [2012]; Matter of McCabe v Hevesi, 38 AD3d 1035, 1036 [2007]).
discussed Cited "see" Suppa v. DiNapoli
N.Y. App. Div. · 2012 · signal: accord · confidence high
Moreover, “an incident does not qualify as an accident justifying the award of accidental disability retirement benefits where the injury results from an expected or foreseeable event arising during the performance of routine employment duties” (Matter of O’Brien v Hevesi, 12 AD3d 895, 896 [2004], lv dismissed 5 NY3d 749 [2005]; accord Matter of Canner v New York State Comptroller, 97 AD3d 1091, 1092 [2012], lv denied 20 NY3d 851 [2012]; Matter of Murray v New York State Comptroller, 84 AD3d 1681, 1682 [2011]).
discussed Cited "see" Suppa v. DiNapoli
N.Y. App. Div. · 2012 · signal: accord · confidence high
Moreover, “an incident does not qualify as an accident justifying the award of accidental disability retirement benefits where the injury results from an expected or foreseeable event arising during the performance of routine employment duties” (Matter of O’Brien v Hevesi, 12 AD3d 895, 896 [2004], lv dismissed 5 NY3d 749 [2005]; accord Matter of Canner v New York State Comptroller, 97 AD3d 1091, 1092 [2012], lv denied 20 NY3d 851 [2012]; Matter of Murray v New York State Comptroller, 84 AD3d 1681, 1682 [2011]).
Retrieving the full opinion text from the archive…
In the Matter of James E. Canner
v.
New York State Comptroller
Appellate Division of the Supreme Court of the State of New York.
Jul 26, 2012.
97 A.D.3d 1091
Kavanagh.
Cited by 13 opinions  |  Published
Kavanagh, J.

Petitioner, a police sergeant charged with supervising large-scale narcotics investigations, applied for accidental disability retirement benefits claiming that he is permanently incapacitated as the result of a work-related injury to his right wrist that occurred on the evening of September 13, 2007. Specifically, petitioner claimed that, while he and two fellow officers were looking for a discreet location from which they could observe a controlled drug buy, he exited an unmarked police car onto a dimly lit street and tripped over a loose piece of concrete causing him to fall onto a partially-constructed sidewalk. After his application was initially disapproved, petitioner requested a redetermination, and a hearing was held. The Hearing Officer subsequently determined that the incident qualified as an accident within the meaning of Retirement and Social Security Law § 363. Upon review, respondent Comptroller reversed that[*1092] determination and denied petitioner’s application, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. The Comptroller’s determination that petitioner’s injury was not caused by an accident within the meaning of the Retirement and Social Security Law will be upheld if supported by substantial evidence (see Matter of Purcell v DiNapoli, 81 AD3d 1069, 1070 [2011]; Matter of Carducci v DiNapoli, 77 AD3d 1052, 1052 [2010]). “Significantly, an incident does not qualify as an accident justifying the award of accidental disability retirement benefits where the injury results from an expected or foreseeable event arising during the performance of routine employment duties” (Matter of O’Brien v Hevesi, 12 AD3d 895, 896 [2004], lv dismissed 5 NY3d 749 [2005] [citations omitted]; accord Matter of Murray v New York State Comptroller, 84 AD3d 1681, 1682 [2011]; Matter of Hardy v DiNapoli, 82 AD3d 1490, 1490 [2011]). Rather, “[t]he precipitating event must emanate from a risk that is not an inherent element of the petitioner’s regular employment duties” (Matter of Amadio v McCall, 2 AD3d 1131, 1132 [2003]; accord Matter of Henry v DiNapoli, 82 AD3d 1446, 1447 [2011]).

Here, petitioner testified that finding locations that can be used as observation sites in narcotics investigations is a routine chore he performs as a police officer and, given the nature of the investigation, is something that must be done “under the cover of darkness.” The risk that one could fall over an unseen obstacle while conducting such a search is inherent in petitioner’s performance of his official responsibilities and, therefore, the Comptroller’s determination that this was not an accident within the meaning of the Retirement and Social Security Law is supported by substantial evidence (see Matter of Sweeney v New York State Comptroller, 86 AD3d 893, 893-894 [2011]; Matter of Murray v New York State Comptroller, 84 AD3d at 1682; Matter of Neidecker v DiNapoli, 82 AD3d 1483, 1484 [2011]; Matter of Fischer v New York State Comptroller, 46 AD3d 1006, 1006 [2007]).

Mercure, J.P., Stein, McCarthy and Egan Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.