ALBANY, N.Y. (AP) — A lawyer for a police officer denied state disability retirement benefits after being injured while rescuing a family during Superstorm Sandy says he deserves them because he wasn't trained for such rescue work.
Orangetown Police Officer James Kelly suffered neck and shoulder injuries in October 2012 as he helped a family trapped in its collapsing Rockland County home. With one resident dead and conditions delaying the arrival of rescue crews, Kelly was hurt as he removed debris off injured and residents and deflected a falling rafter.
A lower court upheld the state's denial of his application for accidental disability retirement, saying his injuries were a result of "risks inherent to being a police officer."
Kelly is appealing that ruling.
Arguments were heard Tuesday afternoon in the Court of Appeals.