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MATTER OF SMITH v. SHEA

Index No. 152636/20. Appeal No. 16537. Case No. 2022-01116.

209 A.D.3d 601 (2022)

177 N.Y.S.3d 235

2022 NY Slip Op 05969

In the Matter of Cyress Smith, Appellant, v. Dermot F. Shea et al., Respondents.

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

Decided October 25, 2022.

Attorney(s) appearing for the Case

Goldeberg & McEnaney, LLC, Port Washington ( Timothy McEnaney of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Diana Lawless of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kennedy, Scarpulla, Mendez, Higgitt, JJ.

Judgment (denominated an order), Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about April 19, 2021, denying the petition to annul respondents' determination, dated November 13, 2019, which denied petitioner's application for accidental disability retirement benefits pursuant to the World Trade Center (WTC) Disability Law, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed...

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