MATTER OF COLE-HATCHARD v. McCALL


305 A.D.2d 913 (2003)

759 N.Y.S.2d 815

In the Matter of STEPHEN J. COLE-HATCHARD, Petitioner, 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 22, 2003.


Carpinello, J.

In 1997, petitioner, a police detective, injured his left shoulder while participating in a semiannual firearm qualification training session. Specifically, he claims that he was injured by the repeated discharge of a shotgun. Shortly thereafter, he began treating with an orthopedic surgeon who diagnosed him as having, among other injuries, a rotator cuff tear. Petitioner was advised by this physician in July 1998 that the torn rotator cuff had aggravated...

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