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MATTER OF KIESS v. KELLY

653266/11, 12418.

118 A.D.3d 595 (2014)

989 N.Y.S.2d 27

2014 NY Slip Op 4684

In the Matter of JOSHUA KIESS, Respondent, v. RAYMOND KELLY et al., Appellants.

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

Decided June 24, 2014.

Petitioner resigned from the New York City Police Department on January 30, 2008. Since there is no evidence that any of the municipal respondents acted in bad faith with respect to petitioner's separation from city service (see Matter of Bellman v McGuire, 140 A.D.2d 262, 266 [1st Dept 1988]), the Board of Trustees was "required by law" to deny his application for accidental disability retirement benefits (Matter of Sheridan...

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