Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for accidental disability retirement benefits.
Petitioner was working as an undercover detective performing electronic surveillance duties for the Nassau County Police Department when he fell from a telephone pole and injured his left leg. Complications from the injury required that he take line-of-duty sick leave and prompted his application for accidental disability retirement benefits. Following the initial denial of that application by the New York State and Local Retirement System, a Hearing Officer determined that the incident in question did not constitute an accident within the meaning of Retirement and Social Security Law § 363. Respondent Comptroller upheld that determination, and this CPLR article 78 proceeding by petitioner ensued.
We confirm. “ ‘[A]n injury that occurs without an unexpected event, as the result of activity undertaken in the performance of ordinary employment duties (considered in view of the particular employment in question) is not an accidental injury’ ” (Matter of Pryor v Hevesi, 14 AD3d 776, 776 [2005], quoting Matter of Cadiz v McCall, 236 AD2d 766, 766 [1997]). Here, petitioner testified that his responsibilities as a detective in the electronics
Mercure, J.P., Peters, Spain and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
