MATTER OF TUFFILLARO v. CITY OF ELMIRA


94 A.D.2d 882 (1983)

In the Matter of Julia F. Tuffillaro, Respondent, v. City of Elmira et al., Appellants

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

May 12, 1983


The sole issue on this appeal is whether a heart attack sustained by a police officer while on foot patrol in frigid weather can properly be construed to be an injury within the meaning of section 208-b of the General Municipal Law. The facts are undisputed. Petitioner's decedent, age 57 and a 25-year veteran of the Elmira Police Department with a history of heart disease, returned to the police station at 3:00 A.M. on January 10, 1979 for a meal break while on a midnight...

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