Matter of Cacciatore v. Tisch

Summary

The Appellate Division, First Department, affirmed the denial of Peter Cacciatore's application for accidental disability retirement benefits. The court held that, despite the undisputed connection between his psychiatric conditions and the line-of-duty incident, responding to a dangerous crime scene and witnessing violence were risks inherent in his regular duties and therefore were not an accidental event as a matter of law. The court also declined to consider an argument raised for the first time in the petitioner's reply brief.

Holdings

1. A reviewing court may not set aside the Board's tie-vote denial of accidental disability retirement benefits unless the record establishes as a matter of law that the disability was the natural and proximate result of a service-related accident.
2. Responding to a dangerous crime scene, witnessing violence and human suffering, and fearing for one's own safety were risks inherent in the petitioner's regular job duties and were not, as a matter of law, an accidental event for purposes of accidental disability retirement benefits.
3. The court declined to consider petitioner's argument that exacerbation of his condition during the pandemic provided an independent basis for accidental disability retirement benefits because the argument was raised for the first time in his reply brief.

Questions Presented

1. Whether the Board's tie-vote denial of accidental disability retirement benefits could be annulled because petitioner's psychiatric disability was, as a matter of law, the natural and proximate result of a service-related accident.
2. Whether responding to a dangerous crime scene, witnessing violence and human suffering, and fearing for one's safety constituted an accidental event for purposes of accidental disability retirement benefits.
3. Whether petitioner's argument that pandemic-related exacerbation of his condition independently supported an award of benefits could be considered when raised for the first time in his reply brief.

Disposition

affirmed