MATTER OF HALL v. KELLY


33 A.D.3d 514 (2006)

822 N.Y.S.2d 534

In the Matter of SETONA HALL, Appellant, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, and as Executive Chairman 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.

Decided October 24, 2006.


Contemporaneous accounts of petitioner's injury included her own statement in the line-of-duty injury report that she had injured her knee as she ran in formation with her classmates in the gym of the Police Academy. Not until two years later did she allege that her injuries resulted from a slippery substance or foreign object on the gym floor. In reaching its determination, by a tie vote, to deny accidental disability retirement benefits, the Board of Trustees reasonably...

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