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MATTER OF HENRIQUEZ v. KELLY

12187, 112360/11

116 A.D.3d 486 (2014)

984 N.Y.S.2d 22

2014 NY Slip Op 2497

In the Matter of ELBA HENRIQUEZ, Appellant, v. RAYMOND KELLY et al., Respondents.

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

Decided April 10, 2014.

Credible evidence supported the decision to deny accident disability retirement benefits as petitioner failed to demonstrate that the 2005 incident giving rise to the instant proceeding caused her current back disability (see e.g. 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]). Nor did she establish and that such incident, where she tripped over a...

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