ALBANY – A police officer injured by falling debris as he tried to rescue the occupants of a wrecked Rockland County home during Hurricane Sandy is not entitled to accidental disability retirement benefits, a divided state appeals court decided Thursday.
The majority of the 3-2 panel upheld a ruling by the Office of the State Comptroller that it was part of Orangetown Town Police Officer James Kelly’s job to respond to Sandy and other emergencies. Thus, the injuries Kelly suffered to his shoulder and neck when a rafter fell on him inside the damaged home were not the result of an “accident” within the meaning of §363 of Retirement and Social Security Law, the Appellate Division, Third Department, ruled.
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