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MATTER OF DIGGINS v. NEW YORK CITY FIRE DEP'T ARTICLES 1 & 1B PENSION FUNDS

183 A.D.2d 422 (1992)

In the Matter of Matthew P. Diggins et al., Appellants, v. New York City Fire Department Articles 1 and 1b Pension Funds et al., Respondents

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

May 7, 1992

Initially, it is noted that petitioners have offered no reason for their 11 year delay in requesting that respondents alter the method used to compute their pension benefits. For this reason alone, the petition should have been dismissed on the grounds of laches (see, Matter of Barbolini v Connelie, 68 A.D.2d 949, 950). In any event, the trial court properly dismissed the petition...

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