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IN THE MATTER OF DOYLE v. KELLY

8 A.D.3d 125 (2004)

779 N.Y.S.2d 32

In the Matter of KEVIN F. DOYLE, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York, et al., Respondents.

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

June 17, 2004.

We cannot say as a matter of law that petitioner's disabling injury, sustained when he tripped over computer wiring in the Internal Affairs Bureau Command Center where he was assigned, was the result of an accident and not his own misstep (see Matter of Starnella v Bratton, 92 N.Y.2d 836, 839 [1998]; Matter of Mejia v Kerik, 301 A.D.2d 385 [2003], lv denied 100 N.Y.2d 502 [2003])...

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