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MATTER OF SAVALLO v. KELLY

8921, 107987/10.

101 A.D.3d 655 (2012)

958 N.Y.S.2d 44

2012 NY Slip Op 9185

In the Matter of MICHAEL SAVALLO, Appellant, v. RAYMOND KELLY, as the 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 27, 2012.

The Board of Trustees denied petitioner's application for ADR benefits based on a tie vote, upon a court-ordered remand in a prior proceeding. Petitioner fails to establish, as a matter of law, that his "disability was the natural and proximate result of a service-related accident" (Matter of Canfora v Board of Trustees of Police Pension Fund of Police Dept. of City of N.Y., Art. II, 60 N.Y.2d 347, 352 [1983]). The evidence shows...

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