MATTER OF MacPHERSON v. KELLY

Nos. 7605, 107988/10.

95 A.D.3d 570 (2012)

944 N.Y.S.2d 96

2012 NY Slip Op 3730

In the Matter of ALAN MacPHERSON, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York, and as Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents.

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

Decided May 10, 2012.


Credible evidence supported the conclusion that petitioner's disability was not caused by a service-related injury (see Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 N.Y.2d 139, 145 [1997]; Matter of Canfora v Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art. II, 60 N.Y.2d 347, 351 [1983]). The Medical Board noted that...

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