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MATTER OF JEFFERSON v. KELLY

51 A.D.3d 536 (2008)

857 N.Y.S.2d 161

In the Matter of STANLEY JEFFERSON, 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 May 20, 2008.

The court properly declined to annul respondent's determination and remand for reconsideration on the issue of the claimed causal connection between petitioner's psychiatric disability and his alleged line-of-duty injury. Credible evidence rebuts the World Trade Center presumption (Administrative Code of City of NY § 13-252.1 [1] [a]), assuming it applies (see Matter of Mulet v Kelly, 49 A.D.3d 336 [2008]), and supports the...

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