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MATTER OF STEPHENSON v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM

35 A.D.3d 484 (2006)

825 N.Y.S.2d 257

In the Matter of JOHN STEPHENSON, 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.

Decided December 5, 2006.

Ordered that the judgment is affirmed, with costs.

On October 1, 2001, the Medical Board of the respondent New York City Employees' Retirement System (hereinafter NYCERS) determined that the petitioner failed to establish that he was disabled and unable to perform the duties of a correction officer. As a result, the NYCERS Board of Trustees denied the petitioner's application for performance of duty disability retirement benefits pursuant to Retirement and Social...

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