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MATTER OF O'SULLIVAN v. DiNAPOLI

507079

68 A.D.3d 1416 (2009)

2009 NY Slip Op 9356

892 N.Y.S.2d 223

In the Matter of MICHAEL J. O'SULLIVAN, Petitioner, v. THOMAS P. DiNAPOLI, as State Comptroller, Respondent.

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

Decided December 17, 2009.

PETERS, J.P.

In October 1999, petitioner, a firefighter, suffered hearing damage and tinnitus after the air horn of a fire engine was inadvertently discharged close to his right ear. He returned to full duty within a month of the incident and continued to work in that capacity until May 2004, when he experienced severe chest pains while driving a fire truck in heavy traffic in response to an emergency. Diagnosed with atherosclerotic...

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