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EDGAR v. STATE

214 A.D.2d 1031 (1995)

626 N.Y.S.2d 617

Kimberly A. Edgar, Appellant, v. State of New York, Respondent. (Claim No. 85097.)

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

April 28, 1995

Judgment unanimously reversed on the law with costs and claim reinstated.

Memorandum:

The Court of Claims erred in determining that Officer Jones was a "special employee" of the Jefferson County Sheriff's Department (County) at the time of claimant's injury. The presumption that the general employer remains the sole employer can be rebutted by clear proof of surrender of control (Stone v Bigley Bros., 309 N.Y. 132;

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