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MATTER OF MACRI v. KELLY

5907

92 A.D.3d 53 (2011)

935 N.Y.S.2d 295

2011 NY Slip Op 9542

In the Matter of NILDA MACRI, Respondent, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Appellants.

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

Decided December 27, 2011.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Keith M. Snow , Paul Rephen and Inga Van Eysden of counsel), for appellants.

Michael T. Murray , New York City ( Christopher J. McGrath of counsel), for respondent.

GONZALEZ, P.J., TOM and RENWICK, JJ., concur.

OPINION OF THE COURT

SWEENY, J.

The issue before us is whether respondents produced credible evidence to rebut the World Trade Center presumption (Administrative Code of City of NY § 13-252.1 [1] [a]) accorded to petitioner's claim for accidental line-of-duty death benefits. We hold that, in this case, they did not.

Petitioner's decedent Frank Macri was appointed as a New York City police officer on...

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