Legal Opinion
Higgins v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided May 12, 2011PublishedCited by 12 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Walter B. Tolub, J.), entered November 4, 2009, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 seeking to, among other things, annul the determination of respondent Board of Trustees denying petitioner police officer’s application for accident disability retirement benefits, unanimously affirmed, without costs.
The determination that petitioner’s condition was not job-related had a rational basis. The statutory presumption set forth in General Municipal Law § 207-k (as amended by L 2006, ch 654, § 1) was…
2Cases cited2 opinions
- Santoro v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1995
- DeMonico v. KellyAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by12 opinions
- Matter of Modlin v. KellyAppellate Division of the Supreme Court of the State of New York · 2014
- Hogg v. KellyAppellate Division of the Supreme Court of the State of New York · 2012
- Goodacre v. KellyAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Corrente v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Ramos v. O'NeillAppellate Division of the Supreme Court of the State of New York · 2022
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