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IN RE: Gary PISANI, Petitioner-Appellant, v. Raymond KELLY, as Police Commissioner of the City of New York, etc., et al., Respondents-Respondents.
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.
The determination is supported by uncontradicted psychological opinion that petitioner's disabling post-traumatic 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 A.D.2d 201, 539 N.Y.S.2d 917 [1989], lv. denied 74 N.Y.2d 614, 547 N.Y.S.2d 848, 547 N.E.2d 103 [1989] ). In any event, petitioner's month-long 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 A.D.3d 311, 313, 806 N.Y.S.2d 578 [2006] ).
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Decided: June 22, 2006
Court: Supreme Court, Appellate Division, First Department, New York.
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