JULIAN v. NEW YORK CITY TRANSIT AUTHORITY

No. 93 CV 3279.

857 F.Supp. 242 (1994)

Vera JULIAN, Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY, a municipal corporation created under the Laws of the State of New York; The Metropolitan Transit Authority, a municipal corporation created under the Laws of the State of New York; Raymond D. Goodman, Director, Labor Relations — Rapid Transit Operations; Mr. Pezza, Assistant to Mr. Goodman; Edward Krieger, Compensation Coordinator, Rapid Transit Operations Department, Labor Relations Division; Joyce Benn, Employee Benefits (NYCTA); Janet S. Holt, Administrative Manager, Worker's Compensation Bureau; Dr. Robert Swearington, a Consultant Doctor for the (NYCTA); The New York City Employees Retirement System (NYCERS); The Board of Trustees of (NYCERS), a body charged by law with the administration of the City Employees Pension Fund pursuant to the Administrative Code of the City of New York; The Medical Board of (NYCERS), a body charged by law with the responsibility of evaluating fairly the disability of applicants to (NYCERS); Julia Hegarty, Chief-Medical Division of (NYCERS); Rosemary Carroll, Ex-Attorney for Plaintiff; Carmen S. Suardy, Vice President Labor Relations, Labor Disputes Resolution at the (NYCTA); and Transport Workers Union (TWU) Local 100, Defendants.

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

May 6, 1994.


Attorney(s) appearing for the Case

Vera Julian, pro se.

Edward F. Zagajeski, Law Dept., New York City Transit Authority, Brooklyn, NY, for defendants New York City Transit Authority, Raymond D. Goodman, Anthony Pezza, Edward Krieger, Carmen Suardy, Joyce Benn, Janet S. Holt, John Murphy, Herman Rosen M.D., and Marsh McCall, M.D.

O. Peter Sherwood, Corp. Counsel, by Anshel David, Asst. Corp. Counsel, New York City, for defendants Peter E. Stangl and Julia Hegarty.

Steven A. Rosen, New York City, for defendant Robert Swearington.

Ronald Kleigerman, Kleigerman & Friess, New York City, for defendant Rosemary Carroll.

Virginia M. Pettinelli, O'Donnell, Schwartz, Glanstein & Rosen, New York City, for defendant Transp. Workers' Union, Local 100.


MEMORANDUM AND ORDER

BARTELS, District Judge.

Plaintiff pro se Vera Julian brings this action challenging her termination from employment by the New York City Transit Authority ["TA" or "Transit Authority"] and the subsequent denial of disability benefits by the New York City Employees Retirement System ["NYCERS"]. The defendants have each moved to dismiss pursuant to Federal Rule of Civil Procedure...

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