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IN THE MATTER OF LIPSKY v. NEW YORK STATE COMPTROLLER

56 A.D.3d 1101 (2008)

867 N.Y.S.2d 777

In the Matter of FRED H. LIPSKY, Petitioner, v. NEW YORK STATE COMPTROLLER et al., Respondents.

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

November 6, 2008.

Peters, J.P.

Petitioner, a sergeant with the Suffolk County Police Department, injured his back at the scene of a motor vehicle accident in February 2004 when he slipped while moving the door of the vehicle—which had been removed by the fire department—so that rescue personnel would have better access to the accident victim. Petitioner's application for performance of duty disability retirement benefits was...

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