IN RE MICHAEL SAVALLO, pet-ap, v. RAYMOND KELLY, ETC. res-res

8921. IN RE MICHAEL SAVALLO, pet-ap, v. RAYMOND KELLY, ETC. res-res — Jeffrey L. Goldberg, Port Washington, for ap — Michael A. Cardozo, Corporation Counsel, New York (Keith M Snow of counsel), for res — Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered February 15, 2011, denying the petition to annul respondents’ denial of accidental disability retirement (ADR) benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The Board of Trustees denied petitioner’s application for ADR benefits based on a tie vote, upon a courtordered remand in a prior proceeding. Petitioner fails to establish, as a matter of law, that his disability was the natural and proximate result of a service-related accident” (Matter of Canfora v. Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art. II, 60 NY2d 347, 352 [1983]). The evidence shows that petitioner’s back injury was caused by an incident in 2003, in which he was moving a table to prepare for a police training course. Such injury caused by exertion in lifting a heavy object was a risk of the work performed, and did not result from a sudden, unexpected event (see 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]; Matter of Valentin v. Board of Trustees of N.Y. City Employees’ Retirement Sys., 91 AD2d 916 [1st Dept 1983], affd 59 NY2d 702 [1983]).