MATTER OF CHAYUT v. LEVITT


53 A.D.2d 322 (1976)

In the Matter of Melvin Chayut, Petitioner, v. Arthur Levitt, as Comptroller of The State of New York, Respondent

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

July 22, 1976


Attorney(s) appearing for the Case

Michael Davidoff for petitioner.

Louis J. Lefkowitz Attorney-General (Winifred C. Stanely and Ruth Kessler Toch of counsel), for respondent.

KOREMAN, P. J., SWEENEY, MAIN and LARKIN, JJ., concur.


KANE, J.

Petitioner, a Sullivan County Deputy Sheriff, was ordinarily engaged in photography and fingerprinting services, but on the afternoon of September 25, 1972 he was directed to assist in a search for an escaped chimpanzee. He proceeded through difficult and hilly terrain, encumbered somewhat by a carbine, walkie-talkie and revolver, becoming sweaty and short of breath. After resting for a while and performing...

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