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IN RE MATTER OF ALMODOVAR v. KELLY

No. 110782/10, Motion Seq. No. 001.

2011 NY Slip Op 30595(U)

In the Matter of the Application of ERICK ALMODOAR, 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, and 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 14, 2011.

Attorney(s) appearing for the Case

Jeffrey Sklar, Esq. , Melucci, Celauro & Sklar, LLP., 26, Broadway, Sic. 2100, New York, NY 10004, 212-244-6222, for petitioner.

Hyse Sisolak , ACC, Michael A. Cardozo , Corporation Counsel, 100, Church St., New York, NY 10007, 212-788-0752, for respondents.

DECISION & JUDGMENT

BARBARA JAFFE, Judge.

By notice of petition and verified petition dated August 11, 2010, petitioner brings this Article 78 proceeding seeking an order reviewing and annulling respondents' denial of his application for an accident disability pension and upgrading his pension to an accidental disability pension or directing respondents to reconsider his application. Respondents oppose the petition.

I. BACKGROUND

Petitioner...

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