Cusick v. Kerik

Order, Supreme Court, New York County (Marcy Friedman, J.), entered October 5, 2001, which denied petitioner’s application to annul respondents’ denial of his application for accident disability retirement benefits, unanimously reversed, on the law, without costs, the petition granted to the extent of remanding the matter to respondents for further proceedings consistent with this Court’s decision.

Petitioner, a police officer, fractured his skull on March 15, 1995, when he fell to the ground after escaping from a police van in which he was having difficulty breathing. He had spent 30 to 45…