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COLLINS v. KELLY

114924/2010.

37 Misc.3d 377 (2011)

950 N.Y.S.2d 406

2011 NY Slip Op 21483

In the Matter of NANCY COLLINS, Petitioner, 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.

Supreme Court, New York County.

Decided December 8, 2011.

Attorney(s) appearing for the Case

Jeffrey L. Goldberg , Lake Success, for petitioner.

Michael A. Cardozo , Corporation Counsel, New York City ( Iylse Sisolak of counsel), for respondents.

OPINION OF THE COURT

LUCY BILLINGS, J.

I. Background

Respondent Board of Trustees of the Police Pension Fund granted petitioner, a New York City police officer, ordinary disability retirement on July 9, 2008, based on a diagnosis of major depression. On May 8, 2009, petitioner applied for reclassification of her ordinary disability retirement to accidental disability retirement (ADR) due to posttraumatic stress disorder (PTSD) she sustained...

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