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IN THE MATTER OF JAMES v. KELLY

No. 0113736/2007. Motion Seq. No. 01.

2008 NY Slip Op 31859 (U)

In the Matter of the Application of THOMAS JAMES, Petitioner, For a Judgment under Article 78 of the Civil Practice Law and Rules, v. RAYMOND KELLY, as the Police Commissioner of the City of New York, and as Chairman of the Board of Trustees of the Police Pension Fund, Article II, THE BOARD OF TRUSTEES of the Police Pension Fund, Article II, NEW YORK CITY POLICE DEPARTMENT, and THE CITY OF NEW YORK, Respondents.

Supreme Court of the State of New York, New York County.

Motion Date April 16, 2008.

Attorney(s) appearing for the Case

Jeffrey L. Goldberg, P.C., By: Jeffrey L. Goldberg, Esq., Lake Success NY, For the Petitioner.

Michoel A. Cardozo, Esq., Corporation Counsel of City of New York, By: Karen J. Seemen, Esq., New York NY, For the Respondent.

DECISION, ORDER AND JUDGMENT

PAUL G. FEINMAN, Judge.

In this Article 78 proceeding, petitioner seeks to remand the determination by respondents to deny him an accident disability retirement allowance pursuant to CPLR 7803 (3). For the reasons which follow, the petition is denied.

Petitioner was appointed as a uniformed police officer with the New York City Police Department in August 1970. In 1978, he underwent surgery to replace his right ear drum...

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