Legal Opinion

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

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

Decided July 7, 2011PublishedCited by 5 opinions

1Opinion of the Court

Supreme Court properly determined that respondent failed to rebut with credible evidence the presumption of Administrative Code of the City of New York § 13-252.1, that petitioner’s cancer was caused by her service at the World Trade Center site in the days immediately following September 11, 2001 (see generally Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 NY2d 139, 147 [1997]; compare Matter of Jefferson v Kelly, 51 AD3d 536 [2008]). There is no cred*428ible evidence to support the Medical Board’s assertion that the size of tumor meant it began growing…

2Cases cited2 opinions

  1. Meyer v. Board of TrusteesNew York Court of Appeals · 1997
  2. Jefferson v. KellyAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by5 opinions

  1. Bitchatchi v. Board of Trustees of New York City Police Department Pension FundNew York Court of Appeals · 2012
  2. Macri v. KellyAppellate Division of the Supreme Court of the State of New York · 2011
  3. Collins v. KellyNew York Supreme Court · 2011
  4. McAuley v. KellyAppellate Division of the Supreme Court of the State of New York · 2013
  5. McAuley v. KellyAppellate Division of the Supreme Court of the State of New York · 2013

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