MATTER OF MALDONADO v. KELLY

4831, 109717/09

86 A.D.3d 516 (2011)

927 N.Y.S.2d 344

2011 NY Slip Op 6083

In the Matter of EDDIE MALDONADO, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York and as Chairman of the Board of Trustees of the Police Penson Fund, Article II, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 28, 2011.


Petitioner, a police officer, was assigned to the World Trade Center site shortly after September 11, 2001. In connection with the recovery effort, he performed security duties, escorted electrical engineers and food trucks, and distributed supplies. In late summer 2001, but before September 11, petitioner noticed a pulling sensation in his left thigh. Shortly after the terrorist attack, he felt a walnut-sized lump in the same area. In

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