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MATTER OF WAGMAN v. KAPICA

300 A.D.2d 406 (2002)

751 N.Y.S.2d 754

In the Matter of DAVID WAGMAN, Appellant, v. JOHN A. KAPICA et al., Respondents.

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

Decided December 9, 2002.

Ordered that the judgment is affirmed, with costs.

The petitioner, a police officer, injured his back moving a box of teletype machine paper refills with his foot while on duty as a dispatcher in the communications unit of the police station. He was performing the same tasks that would have been performed by a civilian dispatcher in the absence of a police officer. After a hearing, his application for benefits pursuant...

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