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MATTER OF CLAUDIO v. KELLY

5177, 109385/09.

84 A.D.3d 667 (2011)

924 N.Y.S.2d 60

In the Matter of WILLIAM CLAUDIO, 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 New York, First Department.

Decided May 26, 2011.

The court properly denied the petition seeking to annul respondents' determination and to remand the matter for reconsideration of whether petitioner suffered from a psychiatric disability that was causally related to his alleged line-of-duty injury. The determination was not arbitrary and capricious, an abuse of discretion or contrary to law (see Matter of Mulet v Kelly, 49 A.D.3d 336 [2008]).

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