MATTER OF DI BENEDETTO v. REGAN


196 A.D.2d 946 (1993)

602 N.Y.S.2d 439

In the Matter of Patrick Di Benedetto, Petitioner, v. Edward V. Regan, 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.

September 30, 1993


Petitioner was a police officer who worked at an airport. His duties included responding to calls made for police assistance. On the day in issue, he was directed to answer a report of smoke coming out of a suitcase at one of the airport's terminals. Upon arrival, petitioner saw the smoke coming from the suitcase at a distance of approximately three to six feet. The suitcase was already open and after moving some clothing, petitioner found broken test-tube vials leaking liquid...

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