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IN THE MATTER OF BAUMGARTEN v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM

6 A.D.3d 701 (2004)

775 N.Y.S.2d 540

In the Matter of JEFFREY A. BAUMGARTEN, Appellant, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

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

April 26, 2004.

Ordered that the judgment is affirmed, with costs.

The determination of the New York City Employees' Retirement System denying the petitioner's application for a performance of duty disability retirement allowance pursuant to Retirement and Social Security Law § 507-c was based on credible evidence showing the lack of a causal relationship between the petitioner's disabling degenerative condition and a service-related injury (see Matter of Meyer v Board of...

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