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MATTER OF McCADDEN v. MOORE

276 A.D. 490 (1950)

In the Matter of James J. McCadden, Appellant, v. Frank C. Moore, as Comptroller of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 15, 1950.

Attorney(s) appearing for the Case

Edmund S. Brown for appellant.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Edward L. Ryan of counsel), for respondent.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and PIPER, JJ.

PIPER, J.

On March 26, 1947, there was a heavy fall of snow in the town of Tonawanda, Erie County. Petitioner, a police officer, reported for work at 1:00 A.M. His usual duties were to patrol in a patrol car. Due to the storm, the officers were confined to headquarters. Petitioner and another officer went out of the police station and shoveled the snow around the sidewalks and entrance to the driveway. When the...

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