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MATTER OF ATHANASSIOU v. KELLY

8811, 115789/10.

101 A.D.3d 517 (2012)

954 N.Y.S.2d 880

2012 NY Slip Op 8660

In the Matter of THEOPHILOS ATHANASSIOU, 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.

December 13, 2012.

Credible evidence supported the conclusion that petitioner's injuries did not warrant the grant of ADR benefits (see generally Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 N.Y.2d 139, 145 [1997]). Petitioner's application and evidence submitted in support were repeatedly reviewed and evaluated by the Medical Board, which ultimately found that petitioner's credibility was called into question...

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