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7211. IN RE SOLVIEG MCAULEY, pet-ap, v. RAYMOND KELLY, ETC. res-res — Jeffrey L. Goldberg, P.C., Lake Success (Jeffrey L. Goldberg of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Inga Van Eysden of counsel), for res — Judgment, Supreme Court, New York County (Eileen A. Rakower, J.), entered May 4, 2010, denying the petition, inter alia, to annul respondents’ determination, which denied petitioner’s application for accident disability retirement benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously reversed, on the law, without costs, the judgment vacated, the petition granted to the extent of annulling the determination of the Board of Trustees of the New York City Police Department Pension Fund, Article II, and the matter remanded to the Board of Trustees for further proceedings.

Petitioner, a police officer (now retired), responded to the World Trade Center (WTC) to provide assistance following the September 11, 2001 attacks. She was assigned to rescue, recovery and clean up operations in the vicinity of the WTC and worked approximately 75 hours over five days between September 11 and 27, 2001. A triage form filled out on September 15, 2001 showed that petitioner was coughing and complaining of rib pain.

 
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