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IN THE MATTER OF SHELDON v. KELLY

101210/13, 13639

126 A.D.3d 138 (2015)

4 N.Y.S.3d 156

2015 NY Slip Op 01404

In the Matter of ANNMARIE SHELDON, 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.

Decided February 17, 2015.

Attorney(s) appearing for the Case

Jeffrey L. Goldberg, Port Washington, for appellant.

Zachary W. Carter, Corporation Counsel, New York City ( Inga Van Eysden and Leonard Koerner of counsel), for respondents.

MAZZARELLI, J.P., SAXE, CLARK and KAPNICK, JJ., concur.

OPINION OF THE COURT

This appeal affords us the opportunity to address the World Trade Center (WTC) presumption (Administrative Code of City of NY § 13-252.1 [1] [a]), which places the burden on the police pension fund to show that a police officer's qualifying injury was not incurred in the line of duty, in the context...

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