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MATTER OF SEIFERHELD v. KELLY

No. 84.

16 N.Y.3d 561 (2011)

948 N.E.2d 1285

925 N.Y.S.2d 1

In the Matter of JAMES J. SEIFERHELD, Respondent, 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., Appellants.

Court of Appeals of New York.

Decided April 28, 2011.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Mordecai Newman , Leonard J. Koerner , Larry A. Sonnenshein and Karen J. Seemen of counsel), for appellants.

Ungaro & Cifuni, New York City ( Nicholas G. Cifuni and Robert A. Ungaro of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and JONES concur with Judge SMITH; Judge PIGOTT dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

SMITH, J.

Petitioner, a New York City police officer, retired in 2004 and was awarded accident disability benefits. In the following years, the Police Department received information indicating that petitioner was not disabled; that he had made false representations to the Pension Fund; and that he had ingested cocaine, thus becoming ineligible to return to duty. The City, understandably...

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