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MATTER OF RYAN v. KELLY

4831, 101515/13.

154 A.D.3d 629 (2017)

2017 NY Slip Op 07565

62 N.Y.S.3d 792

In the Matter of ANITA RYAN, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York and 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 October 31, 2017.

Petitioner failed to submit evidence showing that her disabling condition of systemic sclerosis, which is not recognized as a qualifying physical condition under the World Trade Center (WTC) law, was a "new onset disease" (see Retirement and Social Security Law § 2 [36] [c] [v]). Accordingly, petitioner has failed to show entitlement to the statutory presumption that her condition was caused by her exposure to toxins...

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