IN THE MATTER OF POMMERVILLE v. McCALL


6 A.D.3d 1025 (2004)

775 N.Y.S.2d 609

In the Matter of SHIRLEY POMMERVILLE, Petitioner, v. H. CARL McCALL, as State Comptroller, Respondent.

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

April 29, 2004.


Peters, J.

Petitioner was employed as an aide at a facility for developmentally disabled persons. On September 1, 1998, she observed a client sitting on the back of a couch, leaning in such a manner as to cause the couch to be tilted on its back legs. After petitioner repeatedly warned the client not to sit in that manner, he abruptly got up. The couch rocked back and forth but stayed upright. Petitioner, who had her elbows on the couch when the client moved, backed...

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