IN THE MATTER OF HOEHL v. KELLY


4 A.D.3d 228 (2004)

772 N.Y.S.2d 65

In the Matter of ALLAN H. HOEHL, Appellant, v. RAYMOND W. KELLY et al., Respondents.

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

February 24, 2004.


Respondents' determination that petitioner's hearing loss had been sustained over a long period of time, caused by routine performance of his duties in controlling crowds at parades and other events, was supported by credible medical evidence, including notations in petitioner's own medical file, and his interview and examination by the Medical Board. Such a risk inherent in one's regular duties does not constitute the sudden and unexpected event necessary for a determination...

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