MATTER OF HERNANDEZ v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM

2015-09722, Index No. 15804/14.

148 A.D.3d 706 (2017)

2017 NY Slip Op 01553

49 N.Y.S.3d 463

In the Matter of MINERVA HERNANDEZ, Respondent, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, Appellant.

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

Decided March 1, 2017.


Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

The petitioner was injured while working as a correction officer in New York City. Thereafter, she applied for performance of duty disability benefits under Retirement and Social Security Law § 507-c, and the Board of Trustees of the New York City Employees' Retirement System (hereinafter the Board...

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