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MATTER OF O'BRIEN v. DiNAPOLI

532353.

196 A.D.3d 960 (2021)

2021 NY Slip Op 04408

In the Matter of Peter O'Brien, Petitioner, v. Thomas P. DiNapoli, as State Comptroller, Respondent.

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

Decided July 15, 2021.

Attorney(s) appearing for the Case

Schaefer Law Group, PC, Smithtown ( Wayne J. Schaefer of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondent.

Egan Jr., J.P., Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.

Petitioner, a Suffolk County police officer for 20 years, was injured while guarding an arrestee awaiting surgery at the hospital in August 2014. The injury occurred while petitioner was putting on hospital scrubs in order to accompany the arrestee into the operating room, exacerbating a left...

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