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SCHLESINGER v. NYC RETIREMENT

14369/09.

27 Misc.3d 1040 (2010)

898 N.Y.S.2d 824

MICHAEL SCHLESINGER, Petitioner, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

Supreme Court, Kings County.

Decided April 7, 2010.

Attorney(s) appearing for the Case

Jeffrey L. Goldberg, P.C. , Lake Success ( Ryan O. Miller of counsel), for petitioner.

Michael A. Cardozo , Corporation Counsel, New York City ( Keith M. Snow of counsel), for respondents.

OPINION OF THE COURT

MARTIN SCHNEIER, J.

The novel primary issue presented in this CPLR article 78 proceeding is whether the determination by the Board of Trustees of the New York City Employees' Retirement System to deny a former correction officer's request for an "accident disability retirement" pension based on a meeting of the Board of Trustees where there was no recorded vote on this request is arbitrary...

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