MATTER OF COLE-HATCHARD v. McCALL


305 A.D.2d 793 (2003)

760 N.Y.S.2d 573

In the Matter of LESLIE COLE-HATCHARD, on Behalf of DOUGLAS J. COLE-HATCHARD, JR., Deceased, Appellant, v. H. CARL McCALL, as Comptroller of the State of New York, Respondent.

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

Decided May 8, 2003.


Cardona, P.J.

On March 15, 2000, petitioner's husband (hereinafter decedent), a detective with the Town of Stony Point Police Department, was found unresponsive in his home and later pronounced dead at a hospital. The cause of death was listed as coronary thrombosis and myocardial infarction. Since, prior to his collapse, decedent received a telephone call summoning him to work an overtime shift, it is undisputed that he was considered to be on duty under the employer...

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