IN THE MATTER OF LASSEN v. HEVESI


9 A.D.3d 780 (2004)

779 N.Y.S.2d 868

In the Matter of THOMAS M. LASSEN, Petitioner, v. ALAN G. HEVESI, as Comptroller of the State of New York and Administrator of the New York State and Local Police and Fire Retirement System, Respondent.

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

July 22, 2004.


Petitioner, a firefighter, was injured when he tripped over a lawnmower on the front porch of a burning residence. At the time of the incident, petitioner was backing out of the building in order to observe the fire and to remove his equipment from the building. Petitioner had entered the residence through a different door, and did not know the lawnmower was there. Petitioner's initial application for accidental disability retirement...

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