Legal Opinion

Gamman v. Kelly

Appellate Division of the Supreme Court of the State of New York

Decided October 26, 2004PublishedCited by 1 opinion

1Opinion of the Court

*390Order, Supreme Court, New York County (Debra A. James, J.), entered March 4, 2003, which denied petitioner police officer’s application to annul respondent Board of Trustees’ determination, by virtue of a tie vote, denying petitioner an accidental disability pension, and dismissed the petition, unanimously affirmed, without costs.

The record contains credible evidence (see Matter of Meyer v Board of Trustees, 90 NY2d 139, 144-145, 147-148 [1997]) that petitioner’s disabling knee injury was not caused by an accident within the meaning of Administrative Code of the City of New York § 13-252. The…

2Cases cited4 opinions

  1. Meyer v. Board of TrusteesNew York Court of Appeals · 1997
  2. MATTER OF STARNELLA v. BrattonNew York Court of Appeals · 1998
  3. Reichfeld v. SafirAppellate Division of the Supreme Court of the State of New York · 1999
  4. Russell v. Board of Trustees of New York City Police Pension FundAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by1 opinion

  1. Dilello v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2011

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