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MATTER OF TOMITA v. DiNAPOLI

506618.

66 A.D.3d 1071 (2009)

886 N.Y.S.2d 250

2009 NY Slip Op 6753

In the Matter of THEODORE TOMITA, Petitioner, v. THOMAS P. DiNAPOLI, as Comptroller of the State of New York, Respondent.

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

Decided October 1, 2009.

McCarthy, J.

Petitioner, a police lieutenant employed by the City of Newburgh Police Department in Orange County, tripped on a curb in the department's unlit parking lot and allegedly sustained disabling injuries. The incident occurred at approximately 5:15 A.M. on October 26, 2004, immediately after petitioner parked his patrol car and prepared to go off-duty following an overnight shift. Although his initial application...

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