Legal Opinion

Bitchatchi v. Board of Trustees of New York City Police Department Pension Fund

New York Court of Appeals

Decided December 13, 2012PublishedCited by 28 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

Each of these appeals involves a police officer who responded to provide assistance at the World Trade Center following the September 11, 2001 attacks. Two officers seek accidental disability retirement benefits and the surviving spouse of another officer makes a claim for line-of-duty death benefits. Central to all three CPLR article 78 proceedings is the application of the statutory World Trade Center (WTC) presumption (see Administrative Code of City of NY § 13-252.1 [1] [a]), under which an officer’s disability or death as a result of a qualifying condition…

2Cases cited11 opinions

  1. Borenstein v. New York City Employees' Retirement SystemNew York Court of Appeals · 1996
  2. Meyer v. Board of TrusteesNew York Court of Appeals · 1997
  3. Canfora v. Board of Trustees of the Police Pension FundNew York Court of Appeals · 1983
  4. Tobin v. SteiselNew York Court of Appeals · 1985
  5. MATTER OF GOLDMAN v. McGuireNew York Court of Appeals · 1985

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3Cited by28 opinions

  1. Wild v. Catholic Health SystemNew York Court of Appeals · 2013
  2. Kennedy v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of Stavropoulos v. BrattonAppellate Division of the Supreme Court of the State of New York · 2017
  4. Cardno v. StateAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matter of Sheldon v. KellyAppellate Division of the Supreme Court of the State of New York · 2015

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