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MATTER OF SEIFERHELD v. KELLY

100138/12

127 A.D.3d 181 (2015)

5 N.Y.S.3d 82

2015 NY Slip Op 02011

In the Matter of JAMES J. SEIFERHELD, Appellant-Respondent, 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-Appellants.

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

Decided March 12, 2015.

Attorney(s) appearing for the Case

Ungaro & Cifuni, New York City ( Nicholas Cifuni,   Robert A. Ungaro and Daniel Jaffe of counsel), for appellant-respondent.

Zachary W. Carter, Corporation Counsel, New York City ( Inga Van Eysden and Keith Snow of counsel), for respondents-appellants.

FRIEDMAN, J.P., MOSKOWITZ, RICHTER and MANZANET-DANIELS, JJ., concur.

OPINION OF THE COURT

Petitioner James J. Seiferheld is a former New York City Police Department (NYPD) officer on disability retirement who was caught performing construction work while claiming to be disabled. After 11 years as an NYPD officer, Seiferheld incurred an on-the-job injury and applied for accidental disability...

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