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MATTER OF SMITH v. CITY OF NEW YORK

2019-04449. Index No. 1621/18.

208 A.D.3d 1335 (2022)

176 N.Y.S.3d 75

2022 NY Slip Op 05325

In the Matter of Baraka K. Smith, Appellant, v. City of New York, Fire Department, Board of Trustees, Respondent.

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

Decided September 28, 2022.

Attorney(s) appearing for the Case

Baraka K. Smith, Brooklyn, NY, appellant pro se.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Kevin Osowski and MacKenzie Fillow of counsel), for respondent.

LaSalle, P.J., Connolly, Genovesi and Ford, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The petitioner, a New York City firefighter, allegedly was physically and sexually assaulted by two fellow firefighters. The petitioner was subsequently diagnosed with post-traumatic stress disorder in connection with that assault, and the Fire Commissioner approved the submission of an application for the petitioner's retirement for disability. The Medical Board of the New York City Fire Pension...

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