Legal Opinion

Brennan v. Kelly

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

Decided November 7, 2013Published

1Opinion of the Court

*408Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered July 3, 2012, denying the petition to annul respondents’ determination, dated August 10, 2011, which denied petitioner’s application for World Trade Center accidental disability retirement benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Respondents’ determination that petitioner was not present at the World Trade Center (WTC) site during the requisite time period is supported by credible evidence (see Retirement and Social Security Law § 2 [36] [a], [e], [f],…

2Cases cited3 opinions

  1. Meyer v. Board of TrusteesNew York Court of Appeals · 1997
  2. Bitchatchi v. Board of Trustees of New York City Police Department Pension FundNew York Court of Appeals · 2012
  3. Velez v. KellyAppellate Division of the Supreme Court of the State of New York · 2011

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