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MATTER OF FERNANDEZ v. NIGRO

2016-10855. Index No. 15826/14.

178 A.D.3d 703 (2019)

113 N.Y.S.3d 753

2019 NY Slip Op 08672

In the Matter of Jackie Kaht Fernandez, Respondent, v. Daniel Nigro et al., Appellants.

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

Decided December 4, 2019.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York, NY ( Devin Slack and Daniel Matza-Brown of counsel), for appellants.

Chet Lukaszewski , P.C., Lake Success, NY, for respondent.

Scheinkman, P.J., Chambers, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements.

The petitioner's husband (hereinafter the decedent) was a New York City firefighter who participated in recovery and cleanup operations at the World Trade Center following the September 11, 2001, attacks. He retired in November 2002. In July 2006, he died as a result of an apparent drowning accident. In March 2007, the petitioner applied to the Board of Trustees...

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