Morrissey v. McGovern

This is a proceeding by the widow of Deputy Fire Commissioner Morrissey of the City of Cohoes to review a determination by the Comptroller disapproving her application for an accidental death benefit under section 81 of the Civil Service Law. The decedent died while fighting a fire. The decedent and three other firemen were engaged in carrying injured firemen by stretcher to an ambulance. As the firemen were hurrying back from the ambulance to pick up another injured fireman, they looked back and found the decedent lying face down on the ground (in the language of the Comptroller’s finding) “…