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MATTER OF McELROY v. SIENA COLL.

532397.

201 A.D.3d 1090 (2022)

161 N.Y.S.3d 459

2022 NY Slip Op 00093

In the Matter of the Claim of Samuel McElroy, Respondent, v. Siena College et al., Appellants. Workers' Compensation Board, Respondent.

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

Decided January 6, 2022.

Attorney(s) appearing for the Case

Stockton, Barker & Mead, LLP, Troy (Sean Weber of counsel), for appellants.

Pozefsky, Bramley & Murphy, Albany (Anthony J. Murphy of counsel), for Samuel McElroy, respondent.

Letitia James, Attorney General, New York City (Alison Kent-Friedman of counsel), for Workers' Compensation Board, respondent.

Egan Jr., J.P., Clark, Pritzker and Colangelo, JJ., concur.

On July 1, 2019, claimant, a college public safety officer, filed a claim for workers' compensation benefits alleging that, on May 3, 2019 while patrolling a college dormitory, he "stepped down on a step [and] felt [a] sudden and immediate burning and pain in [his] right foot/ankle." In his claim (C-3 form), claimant alleged that he gave...

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