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MATTER OF DOTZLER v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM (NYCERS)

35 A.D.3d 603 (2006)

825 N.Y.S.2d 751

In the Matter of JOHN DOTZLER, Appellant, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM (NYCERS), Respondent.

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

Decided December 12, 2006.

Ordered that the judgment is affirmed, with costs.

The Board of Trustees of the respondent, New York City Employees' Retirement System (NYCERS) (hereinafter the Board of Trustees), properly denied the petitioner's application for accident disability retirement benefits pursuant to Retirement and Social Security Law § 605-b. In April 2001 the petitioner was awarded ordinary disability retirement benefits after the Medical Board of the respondent (hereinafter the...

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