IN THE MATTER OF COOPER v. McCALL


5 A.D.3d 851 (2004)

772 N.Y.S.2d 635

In the Matter of the Claim of WILLIAM A. COOPER, Petitioner, v. H. CARL McCALL, as Comptroller of the State of New York, Respondent.

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

March 4, 2004.


Lahtinen, J.

Petitioner was employed as a developmental aide at a residential group home where his duties included assisting residents to accomplish personal tasks and helping to restrain them, as needed. He stopped working in June 1998 due to the constant pain he reported experiencing in his neck, back and hip which, in turn, caused him to suffer from depression, sleep apnea and an impairment of his mental functioning. In January 1999, petitioner filed a claim for...

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