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MATTER OF JUDD v. TRUSTEES OF MANHATTAN, AND BRONX SURFACE TRANSIT OPERATING AUTHORITY PENSION PLAN

288 A.D.2d 385 (2001)

732 N.Y.S.2d 894

In the Matter of MARY JUDD, Appellant, v. TRUSTEES OF MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY PENSION PLAN, Respondent.

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

Decided November 19, 2001.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly determined that the respondent's determination denying accidental disability retirement to the petitioner was not arbitrary or capricious. The petitioner's injuries resulted solely from the performance of her usual duties (see, Matter of Kehoe v City of New York, 81 N.Y.2d 815

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