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MATTER OF BAUDILLE v. KELLY

Nos. 7510, 116211/10.

95 A.D.3d 415 (2012)

942 N.Y.S.2d 865

2012 NY Slip Op 3374

In the Matter of MICHAEL BAUDILLE, Appellant, v. RAYMOND KELLY et al., Respondents.

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

Decided May 1, 2012.

There was a rational basis for respondents' determination (see generally Matter of Borenstein v New York City Employees' Retirement Sys., 88 N.Y.2d 756, 760 [1996]). The record shows that an MRI taken shortly after petitioner's line-of-duty accident found the glenoid labrum and capsular mechanism within normal limits, he resumed full duty after 20 days, and he had no documented treatment or complaints for over seven years, until...

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