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JESSELLI v. NYC RET.

107 A.D.2d 227 (1985)

In the Matter of Jacob Jesselli, Respondent, v. New York City Employees' Retirement System, Appellant

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

March 14, 1985

Attorney(s) appearing for the Case

Marvin R. Kwartler of counsel (Fay Leoussis with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellant.

Irving H. Glasgow of counsel (Beverly Gross, attorney), for respondent.

MURPHY, P. J., and KUPFERMAN, J., concur with SULLIVAN, J.; SANDLER and ROSS, JJ., dissent in an opinion by ROSS, J.

SULLIVAN, J.

In this CPLR article 78 proceeding the New York City Employees' Retirement System appeals from a judgment (119 Misc.2d 1064) which annulled its determination denying petitioner military veteran's retirement benefits because of his convictions in State and Federal courts on various fraud and conspiracy charges unrelated to his employment with the city's Department of Transportation. Although we do not...

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