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CAMPO v. NEW YORK CITY EMPLOYEES' RETIREMENT SYS.

No. 9, Docket 87-7237.

843 F.2d 96 (1988)

Helen CAMPO, Plaintiff-Appellant, v. The NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM and The City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 31, 1988.

Attorney(s) appearing for the Case

Edgar Pauk, New York City (Legal Services for the Elderly, New York City, of counsel), for plaintiff-appellant.

Lin B. Saberski, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of New York, of counsel), for defendants-appellees.

Before LUMBARD and MINER, Circuit Judges, and FRANK A. KAUFMAN, District Judge, United States District Court for the District of Maryland, sitting by designation.

FRANK A. KAUFMAN, District Judge:

Justin Campo retired in October, 1980, after seventeen years of employment with New York City's Department of Sanitation, because of a disabling illness. In December, 1980, the New York City Employees' Retirement System (NYCERS) approved its Medical Board's recommendation concerning Mr. Campo's retirement and began to pay retirement benefits to him in January, 1981.

NYCERS states that it mailed a letter to Mr. Campo dated...

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