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MATTER OF CHAPLAR v. SEWELL

Index No. 157388/22 Appeal No. 1229 Case No. 2023-03743.

222 A.D.3d 478 (2023)

202 N.Y.S.3d 60

2023 NY Slip Op 06438

In the Matter of Charles Chaplar, Appellant, v. Keechant Sewell, as the Police Commissioner of the City of New York, and as Chairman of the Board of Trustees, Ex Officio, of the Police Pension Fund, Article II, et al., Respondents.

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

Decided December 14, 2023.

Attorney(s) appearing for the Case

Chet Lukaszewski, P.C., Mineola (Chet Lukaszewski of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Amanda Abata of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Oing, Moulton, Shulman, Rosado, JJ.

Judgment (denominated an order), Supreme Court, New York County (Lyle E. Frank, J.), entered February 21, 2023, denying the petition to annul the determination of respondent Board of Trustees, dated May 11, 2022, which denied petitioner's application for accidental disability retirement benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner was injured when he fell into the rescue well while he...

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