MATTER OF McDONALD v. LEVITT


67 A.D.2d 778 (1979)

In the Matter of Isobel McDonald, Petitioner, v. Arthur Levitt, as Comptroller of The State of New York, et al., Respondents

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

January 18, 1979


John McDonald was a patrolman with the Buffalo Police Department and was also a member of a police pistol team. On October 6, 1970, the team attended a pistol match in Greece, New York, approximately an hour from Buffalo, and competed with a team representing Rochester, New York. After completion of the match, McDonald and a fellow patrolman were preparing in their motel room in Greece to attend a cocktail party and dinner. They were putting on their off-duty

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