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DEMENT v. KELLY

112762/09, 5621.

97 A.D.3d 223 (2012)

947 N.Y.S.2d 72

2012 NY Slip Op 4949

In the Matter of WILLIAM DEMENT, 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.

June 19, 2012.

Attorney(s) appearing for the Case

Chet Lukaszewski, P.C., Lake Success ( Chet Lukaszewski of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Karen J. Seemen , Paul T. Rephen and Inga Van Eysden of counsel), for respondents.

ANDRIAS, J.P., RENWICK and RICHTER, JJ., concur with MANZANET-DANIELS, J.; FRIEDMAN, J., concurs in a separate opinion.

OPINION OF THE COURT

MANZANET-DANIELS, J.

Petitioner William Dement brings this CPLR article 78 proceeding to challenge respondents' denial of his application for a World Trade Center (WTC) line-of-duty accident disability retirement (ADR) pension upon a determination that there is no causal connection between his disability and his actions as a first responder at the World Trade Center site.

Petitioner was a lieutenant with the New York Police Department...

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