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MATTER OF HUNSTEIN v. TOWN OF SOUTHOLD

2018-08103. Index No. 4748/17.

204 A.D.3d 797 (2022)

167 N.Y.S.3d 114

2022 NY Slip Op 02413

In the Matter of David Hunstein, Petitioner, v. Town of Southold et al., Respondents.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Davis & Ferber, LLP, Islandia, NY ( Christopher S. Rothemich and Alex J. Kaminski of counsel), for petitioner.

Lamb & Barnosky, LLP, Melville, NY ( Richard K. Zuckerman and Matthew J. Mehnert of counsel), for respondents.

Iannacci, J.P., Chambers, Wooten and Dowling, JJ., concur.

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

The petitioner worked as a police officer in the respondent Town of Southold Police Department. On June 27, 2012, while on duty investigating a motor vehicle accident, the petitioner was injured when he slipped on a piece of plastic and fell shoulder-first into a vehicle. The petitioner was not medically cleared to return to full duty. On...

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