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MATTER OF COHEN v. DiNAPOLI

509680.

78 A.D.3d 1463 (2010)

913 N.Y.S.2d 348

In the Matter of GINA FLOOD COHEN, as Surviving Spouse and Lawfully Designated Beneficiary of STUART COHEN, Deceased, Petitioner, v. THOMAS P. DiNAPOLI, as Comptroller of the State of New York, Respondent.

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

Decided November 24, 2010.

KAVANAGH, J.

In November 2006, law enforcement personnel in Westchester County received information indicating that a house in the Village of Hartsdale was being used for the processing and packaging of heroin. Stuart Cohen (hereinafter decedent), acting in his capacity as a senior investigator for the Westchester County District Attorney's Office, participated in three subsequent searches of the home. Immediately after leaving the house following

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