VACCARELLA v. NEW YORK EMPLOYEE RET. SYS.


243 A.D.2d 328 (1997)

664 N.Y.S.2d 4

Maron Vaccarella, Appellant, v. New York Employee Retirement System (the New York City Employees' Retirement System), Respondent

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

October 16, 1997


The statements made to petitioner by respondent's agent in response to petitioner's initial request for reconsideration of respondent's denial of accidental retirement, to the effect that there could be no reconsideration in the absence of new evidence, were not erroneous, and, even if erroneous, should not have been understood as permission to resubmit the claim any time in the future once new evidence became available, and could not have created a right to benefits to which...

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