Lehrer v. Safir

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered February 2, 1999, which granted petitioner’s application pursuant to CPLR article 78 to annul respondents’ determination denying him line-of-duty accident disability retirement benefits, unanimously affirmed, without costs.

*137Petitioner’s slip and fall on a piece of carbon paper is, as a matter of law, the kind of unexpected event necessary to constitute an accident for disability retirement purposes (see, Matter of Starnella v Bratton, 92 NY2d 836; Matter of McCambridge v McGuire, 62 NY2d 563). Accordingly, the annulment of the determination denying petitioner accident disability retirement benefits should be affirmed. Concur — Sullivan, P. J., Rosenberger, Ellerin, Lerner and Friedman, JJ.