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MATTER OF FRANKS v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM

47 A.D.3d 1115 (2008)

849 N.Y.S.2d 714

In the Matter of MARK FRANKS, Petitioner, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM et al., Respondents.

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

Decided January 17, 2008.

Kavanagh, J.

On February 11, 1999, petitioner, a police officer employed by the City of Yonkers in Westchester County, responded to an alarm regarding an armed robbery. Looking for the suspect, petitioner and his partner went to an abandoned motel which was in the process of being demolished. Approaching the motel, petitioner walked up the sidewalk, a portion of which was damaged pavement and curbing. He stepped over the curb, into a depression, and sustained an injury...

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