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MTR MENNA v. NYC SYS.

110 Misc.2d 1065 (1981)

In the Matter of Christopher Menna, Petitioner, v. New York City Employees' Retirement System, Respondent.

Supreme Court, Special Term, New York County.

September 4, 1981

Attorney(s) appearing for the Case

Fink, Weinberg, Fredman, Berman & Lowell, P. C. (William A. Lutt of counsel), for petitioner. Allen G. Schwartz, Corporation Counsel (Stephen P. Kramer and Isaac Klepfish of counsel), for respondent.

NORMAN C. RYP, J.

"Accident" — can its definition be retired and redefined, ex post facto, by an employee's pension system?

In this CPLR article 78 proceeding petitioner moves for an order to review, amend and set aside the respondent's administrative determination dated March 6, 1981, denying an accident disability retirement application filed by petitioner as arbitrary, capricious and contrary to law.

Petitioner states that on...

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