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MATTER OF DAMIAN v. KELLY

No. 108355/2010.

2011 NY Slip Op 30531 (U)

In the Matter of the Application of KIM DAMIAN, Petitioner, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules v. RAYMOND KELLY, as the Police Commissioner of the City of New York, as Chairman of 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, New York County.

March 1, 2011.

ANIL C. SINGH, J.S.C.

In this Article 78 proceeding, petitioner Kim Damian, a former police officer with the New York City Police Department ("NYPD"), seeks to annul the determination of the respondents Raymond Kelly, as Chairman of the Board of Trustees of the Police Pension Fund (collectively "Board of Trustees"), denying her application for a line of duty accident disability pension.

Respondents maintain that they acted rationally and lawfully in denying...

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