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PASTALOVE v. KELLY

120 A.D.3d 419 (2014)

991 N.Y.S.2d 39

2014 NY Slip Op 05922

In the Matter of ROBERT PASTALOVE, 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.

Decided August 21, 2014.

Judgment, Supreme Court, New York County (Alexander W. Hunter, Jr., J.), entered July 30, 2012, denying the CPLR article 78 petition to annul the determination of the Board of Trustees of the Police Pension Fund, dated June 8, 2011, which rejected petitioner's application for an accidental disability retirement (ADR) pursuant to Administrative Code of the City of New York § 13-252 in favor of an ordinary disability retirement (ODR), and dismissing the proceeding, affirmed...

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