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MATTER OF FLYNN v. HEVESI

308 A.D.2d 674 (2003)

764 N.Y.S.2d 490

In the Matter of FRANCIS J. FLYNN, Petitioner, v. ALAN G. HEVESI, as Comptroller of the State of New York, Respondent.

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

Decided September 25, 2003.

Mercure, J.

On January 9, 1996, petitioner, a custodian for the Deer Park School District in Suffolk County, was called into work early to help shovel walkways following a severe snowstorm. Based on the large volume of snow that had fallen, a heavy construction vehicle was used to partially clear the walkways. However, according to petitioner, the construction vehicle pushed down and compacted the snow at ground level,...

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