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MATTER OF SALERNO v. KELLY

1165, 100213/12.

139 A.D.3d 516 (2016)

30 N.Y.S.3d 114

2016 NY Slip Op 03833

In the Matter of SARA SALERNO, 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.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 17, 2016.

Respondents' determination that petitioner failed to establish that she was present at the World Trade Center (WTC) site during the statutorily required time period is supported by credible evidence and is not arbitrary and capricious (see Retirement and Social Security Law § 2 [36] [a], [e], [f], [g]; Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund, 90 N.Y...

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