| Matter of Kowal v DiNapoli |
| 2018 NY Slip Op 01019 [30 NY3d 1124] |
| February 13, 2018 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 11, 2018 |
| In the Matter of Robert W. Kowal, Appellant, v Thomas P. DiNapoli, as State Comptroller, et al., Respondents. |
Decided February 13, 2018
Matter of Kowal v DiNapoli, 145 AD3d 1152, affirmed.
Edelstein & Grossman, New York City (Jonathan I. Edelstein of counsel), for appellant.
Eric T. Schneiderman, Attorney General, New York City (Kate H. Nepveu, Barbara D. Underwood and Andrea Oser of counsel), for respondents.
Memorandum.
The judgment of the Appellate Division should be affirmed, with costs. Substantial evidence supports the determination{**30 NY3d at 1125} denying petitioner's application for accidental disability retirement benefits. Respondent rationally determined that petitioner failed to establish that his injuries were caused by a sudden, unexpected event that was not a risk inherent in the work performed (see Matter of Kelly v DiNapoli, 30 NY3d 674, 678 [2018] [decided today]; Matter of McCambridge v McGuire, 62 NY2d 563, 568 [1984]; Matter of Lichtenstein v Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art. II, 57 NY2d 1010, 1012 [1982]).
Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), judgment affirmed, with costs, in a memorandum.