MATTER OF LEWIS v. NEW YORK STATE COMPTROLLER

528406.

176 A.D.3d 1545 (2019)

111 N.Y.S.3d 459

2019 NY Slip Op 07828

In the Matter of Mitchell Lewis, Petitioner, v. New York State Comptroller et al., Respondents.

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

Decided October 31, 2019.


Attorney(s) appearing for the Case

Edelstein & Grossman, New York City ( Jonathan I. Edelstein of counsel), for petitioner.

Letitia James , Attorney General, Albany ( William E. Storrs of counsel), for respondents.

Garry, P.J., Egan Jr. and Mulvey, JJ., concur.


Petitioner, a police officer, was on duty during the early morning hours of March 29, 2015 after a snowstorm had deposited about five inches of snow on the ground. He responded to an automobile accident involving a vehicle that slid off the road and hit a mailbox. The road was in poor condition at the time, as it had not yet been plowed...

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