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MATTER OF PANIGROSSO, JR. v. McCALL

298 A.D.2d 797 (2002)

749 N.Y.S.2d 316

In the Matter of VINCENT A. PANIGROSSO, JR., Petitioner, v. H. CARL McCALL, as New York State Comptroller, Respondent.

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

Decided October 31, 2002.

Crew III, J.P.

On November 6, 1996, while working as a mechanic's helper for the Putnam County Highway Department, petitioner was attempting to remove a tire from its rim with a sledgehammer when another tire, which had been leaning against a wall, began to fall toward him. As petitioner reached out to catch the falling tire, he allegedly injured his back. Following surgery, petitioner returned to work. Thereafter, on June...

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