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IN THE MATTER OF MOLEN v. KELLY

11 A.D.3d 253 (2004)

782 N.Y.S.2d 440

In the Matter of SCOTT M. MOLEN, Appellant, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents.

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

October 12, 2004.

The record contains some credible evidence that the disabling instability of petitioner's knee was caused only by his nonservice-related fall in July 1998, and that a service-related fall in April 1995 did not leave the knee in such a weakened condition as to precipitate the 1998 fall (see Matter of Meyer v Board of Trustees, 90 N.Y.2d 139, 145, 147 [1997]). Such evidence includes the Medical Board's finding upon examination, amply...

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