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MATTER OF HERNANDEZ v. PORT WASHINGTON UNION FREE SCHOOL DISTRICT

2019-06614. Index No. 604599/19.

193 A.D.3d 733 (2021)

141 N.Y.S.3d 875

2021 NY Slip Op 02157

In the Matter of Edwin Hernandez, Petitioner, v. Port Washington Union Free School District, Respondent.

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

Decided April 7, 2021.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Brooklyn, NY ( Anthony J. Genovesi of counsel), for petitioner.

Bond, Schoeneck & King, PLLC, Garden City, NY ( Howard M. Miller and Hilary Moreira of counsel), for respondent.

Dillon, J.P., Austin, Duffy and Wooten, JJ., concur.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

On August 11, 2017, the petitioner, a motor equipment operator employed by the Port Washington Union Free School District (hereinafter the respondent), sustained injuries when the ride-on lawn mower he was using while at work overturned. As a result of the accident, the petitioner obtained a doctor's recommendation that he not return to...

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