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MATTER OF DOE v. KELLY

5 Misc.3d 453 (2004)

781 N.Y.S.2d 847

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

Supreme Court, New York County.

July 8, 2004.

Attorney(s) appearing for the Case

Jeffery L. Goldberg, P.C., Lake Success, for petitioner.

Michael A. Cardozo, Corporation Counsel, New York City, for respondents.

OPINION OF THE COURT

ROLANDO T. ACOSTA, J.

Background

This proceeding was instituted by petitioner, a New York City police officer, to challenge a determination by respondents denying petitioner accidental disability retirement (ADR). Petitioner was diagnosed with HIV in May 1999, and approximately two years later, on March 29, 2001, submitted an application for ADR under the provisions...

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