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In the Matter of Pisani v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 2006
30 A.D.3d 297 (N.Y. App. Div. 2006)

Opinion

8864.

June 22, 2006.

Order and judgment (one paper), Supreme Court, New York County (Doris Ling-Cohan, J.), entered March 8, 2005, which denied petitioner police officer's application to annul respondents' determination denying him accidental disability retirement benefits, and dismissed the petition, unanimously affirmed, without costs.

Jeffrey L. Goldberg, P.C., Lake Success (Chester P. Lukaszewski of counsel), for appellant.

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

Before: Saxe, J.P., Marlow, Nardelli, Catterson and McGuire, JJ., Concur.


The determination is supported by uncontradicted psychological opinion that petitioner's disabling posttraumatic stress disorder was caused not by a qualifying accident but by accumulated stress related to a series of traumatic experiences over the course of 13 years of service ( see Matter of Hipple v. Ward, 146 AD2d 201, lv denied 74 NY2d 614). In any event, petitioner's monthlong involvement with disfigured victims of an acid-thrower, which he claims was the precipitating cause of his disability, was not an accident (see Matter of Baird v. Kelly, 25 AD3d 311, 313).


Summaries of

In the Matter of Pisani v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 2006
30 A.D.3d 297 (N.Y. App. Div. 2006)
Case details for

In the Matter of Pisani v. Kelly

Case Details

Full title:In the Matter of GARY PISANI, Appellant, v. RAYMOND KELLY, as Police…

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

Date published: Jun 22, 2006

Citations

30 A.D.3d 297 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 5101
817 N.Y.S.2d 59

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