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MTR. OF TRAVERS v. KELLY

12 Misc.3d 887 (2006)

815 N.Y.S.2d 407

In the Matter of THOMAS TRAVERS, Petitioner, v. RAYMOND KELLY, as Police Commissioner of the City of New York, et al., Respondents.

Supreme Court, New York County.

April 5, 2006.

Attorney(s) appearing for the Case

Jeffrey L. Goldberg, P.C., Lake Success, for petitioner.

Michael A. Cardozo, Corporation Counsel, New York City (Susan Sanders of counsel), for respondents.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

In this CPLR article 78 proceeding, petitioner Thomas Travers seeks to annul respondents' determination denying his application for accidental disability retirement (ADR) as a result of a heart condition. Petitioner argues that respondents' determination was arbitrary and capricious because they did not apply the presumption of General Municipal Law § 207...

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