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MATTER OF FIERO v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT

34 A.D.3d 911 (2006)

823 N.Y.S.2d 290

In the Matter of the Claim of ANGELA D. FIERO, Appellant, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 2, 2006.

Spain, J.

Claimant's husband (hereinafter decedent) was employed by the New York City Department of Housing Preservation and Development at its office located at 100 Gold Street in New York City. Because decedent had a heart condition, his employer arranged for him to park in a parking lot directly across the street from the office so that he could avoid walking a long distance. On the morning of September 5, 2003 after parking

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