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LOPENA v. RET. SYS.

71 A.D.2d 377 (1979)

In the Matter of Ernest A. Lopena, Appellant, v. New York City Employees' Retirement System et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1979

Attorney(s) appearing for the Case

Kenneth E. Gordon of counsel (Gordon & Schechtman, P. C., and Sam Resnicoff, attorneys), for appellant.

Pamela Seider Dolgow of counsel (Ronald E. Sternberg with her on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for respondents.

KUPFERMAN, J. P., BIRNS and BLOOM, JJ., concur.

SANDLER, J.

On May 6, 1977, the board of trustees of respondent New York City Employees' Retirement System retired petitioner, a transit employee, on ordinary disability. Interpreting this determination as a final order effectively denying petitioner's previously filed application for accident disability retirement, petitioner commenced this article 78 proceeding on August 4, 1977, seeking a judgment, inter...

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