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MATTER OF FRANCISCO v. SHEA

Index No. 154333/20, Appeal No. 1724, Case No. 2023-02457.

2024 NY Slip Op 00934

IN THE MATTER OF FRANK FRANCISCO, Petitioner-Appellant, v. DERMOT F. SHEA, ETC., ET AL., Respondents-Respondents.

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

Decided February 22, 2024.

Attorney(s) appearing for the Case

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

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Janet L. Zaleon of counsel), for respondents.

Before: Oing, J.P., Kapnick, Kennedy, Mendez, Higgitt, JJ.

Judgment, Supreme Court, New York County (Debra A. James, J.), entered November 1, 2022, denying the petition to annul respondents' determination, dated December 11, 2019, which denied petitioner's application for accidental disability retirement benefits under the World Trade Center Disability Law, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously reversed, on the law and facts, without costs, the petition reinstated, and the matter remanded...

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