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MTR OF BITCHATCHI v. BOARD

No. 219, 220, 221.

20 N.Y.3d 268 (2012)

2012 NY Slip Op 8566

In the Matter of KAREN BITCHATCHI, Respondent, v. BOARD OF TRUSTEES OF THE NEW YORK CITY POLICE DEPARTMENT PENSION FUND, ARTICLE II, Appellant. In the Matter of EDDIE MALDONADO, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York and as Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents. In the Matter of NILDA MACRI, Respondent, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York and as Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Appellants.

Court of Appeals of New York.

Decided December 13, 2012.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Paul T. Rephen and Keith M. Snow of counsel), for appellant in the first above-entitled proceeding.

Rosemary Carroll, Clermont, for respondent in the first above-entitled proceeding.

Law Offices of Chet Lukaszewski, P.C., Lake Success (Chester P. Lukaszewski of counsel), for appellant in the second above-entitled proceeding.

Michael A. Cardozo, Corporation Counsel, New York City (Paul T. Rephen and Inga Van Eysden of counsel), for respondents in the second above-entitled proceeding.

Michael A. Cardozo, Corporation Counsel, New York City (Paul T. Rephen and Keith M. Snow of counsel), for appellants in the third above-entitled proceeding.

Dechert LLP, New York City (James M. McGuire, Edward A. McDonald and Matthew L. Mazur of counsel), for respondent in the third above-entitled proceeding.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

GRAFFEO, J.

Each of these appeals involves a police officer who responded to provide assistance at the World Trade Center following the September 11, 2001 attacks. Two officers seek accidental disability retirement benefits and the surviving spouse of another officer makes a claim for line-of-duty death benefits. Central to all three CPLR article 78 proceedings is the application of the...

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