Court of Appeals of New York

In consolidated appeals involving accidental disability retirement benefits (ADR) and claim for line-of-duty death benefits brought by officers who responded to provide assistance at the World Trade Center following the September 11, 2001 attacks, the judgment of the Appellate Division is: 1) affirmed as to Bitchatchi and Macri that the presumption that the officers' cancerous conditions were caused by their exposure at the WTC site was not rebutted by credible evidence; and 2) reversed as to the denial of plaintiff-Maldonado's ADR benefits where the record contains no affirmative credible evidence to rebut the WTC presumption.

Appellate Information

• Decided 12/13/2012
• Published 12/13/2012

Judges

Court

• Court of Appeals of New York

Counsel