MATTER OF BARANOWSKI v. KELLY

Nos. 6730, 102144/09.

95 A.D.3d 746 (2012)

945 N.Y.S.2d 664

2012 NY Slip Op 4208

In the Matter of MICHAEL BARANOWSKI, Respondent, v. RAYMOND W. KELLY, as the Police Commissioner of the City of New York, et al. Appellants.

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

Decided May 31, 2012.


The Medical Board found that petitioner suffered from a disabling congenital condition that prevented him from performing his duties as a police officer, and recommended ordinary disability retirement based on the fact that the condition typically manifests itself when an individual is in his or her 20s or 30s. Petitioner contends that he is entitled to an accidental disability retirement pension based on an incident in July 2003, when he carried a victim from a burning building...

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