MATTER OF GUERRIERO


247 A.D.2d 746 (1998)

669 N.Y.S.2d 71

In the Matter of the Claim of John Guerriero, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

February 19, 1998


Claimant was employed as an armed security guard at a Federal Reserve Bank building until his employment was terminated after he inadvertently discharged a revolver in the bank's lobby. The record discloses that claimant was examining the gun of a fellow employee and, in order to test the trigger action, unloaded it and depressed the trigger. A bullet remaining in the gun discharged and, after ricocheting off a glass door and a stone wall, landed in the vestibule. Claimant...

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