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

2008-10923

69 A.D.3d 713 (2010)

893 N.Y.S.2d 191

2010 NY Slip Op 252

In the Matter of PRIMO CASSARINO, Appellant, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

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

Decided January 12, 2010.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly concluded that the determination of the Board of Trustees of the New York City Employees' Retirement System dated December 13, 2007, which denied the petitioner's application for accidental disability retirement benefits pursuant to Retirement and Social Security Law § 605-b, was not arbitrary and capricious. The petitioner's injuries resulted...

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