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MATTER OF IGNERI v. KELLY

44 A.D.3d 548 (2007)

843 N.Y.S.2d 507

In the Matter of PATRICK IGNERI, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York, and as 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 25, 2007.

It cannot be determined as a matter of law on the record that the disabling arthritic condition to petitioner's right knee was the natural and proximate result of the 1983 gunshot wound to his right thigh (see Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 N.Y.2d 139 [1997]). All of petitioner's various theories of causation are refuted by some credible evidence of lack of causation (see...

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