A police officer who tripped over suddenly-swelling fire hoses during a chaotic rescue effort is not entitled to accidental disability retirement benefits, a split Manhattan appellate court said.
Courts have defined accidents as “sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact” when deciding if police officers were eligible for the more generous benefits. Here, a 4-1 panel of the Appellate Division, First Department, found that Robert Pastalove’s mishap did not meet that standard.
