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WEAVER v. NEW YORK CITY EMP. RETIREMENT SYSTEM

No. 88 Civ. 2662 (MBM).

717 F.Supp. 1039 (1989)

Stephen WEAVER, by his Next Friend Rosalie WEAVER, Plaintiff, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, the City of New York, Harold E. Herkommer, personally and as Executive Director, New York City Employees' Retirement System, and Milad S. Eskalis, personally and as Assistant Deputy Director, New York City Employees' Retirement System, Defendants.

United States District Court, S.D. New York.

July 21, 1989.

Attorney(s) appearing for the Case

Jonathan A. Weiss, Legal Services for the Elderly, New York City, for plaintiff.

Susan Rockford, Anne Carson and Peter L. Zimroth, Corp. Counsel of the City of New York, New York City, for defendants.

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiff Stephen Weaver was a retired New York City employee who received a pension from defendant New York City Employees' Retirement System ("NYCERS"). Plaintiff died on December 29, 1988. This action, styled a § 1983 claim,1 has been brought by his niece Rosalie Weaver, suing as his next friend, to challenge an alleged NYCERS policy of cutting off payments to a pensioner perceived...

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