Kaplan v. Kennedy

In this article 78 proceeding, petitioner, a former lieutenant in the Police Department of the City of New York, seeks review of a determination of respondent board of trustees that his physical disability, necessitating retirement, was not caused by a service-connected injury. There seems little dispute on the submitted papers that petitioner’s initial injury in 1948 was service-connected, and that an additional accident in 1957 occurred in the course of petitioner’s performance of official duties. The issue is whether a disabling tremor in petitioner’s right hand was caused by the 1948…