MATTER OF GAMMAN v. KELLY


11 A.D.3d 389 (2004)

784 N.Y.S.2d 44

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

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

October 26, 2004.


The record contains credible evidence (see Matter of Meyer v Board of Trustees, 90 N.Y.2d 139, 144-145, 147-148 [1997]) that petitioner's disabling knee injury was not caused by an accident within the meaning of Administrative Code of the City of New York § 13-252. The contemporaneously prepared line-of-duty injury report contains petitioner's statement that as she moved her chair away from her desk, it "slid backwards out from...

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