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SCHLESINGER v. NEW YORK CITY EMPLOYEES' RETIREMENT SYS.

14369/09.

2010 NY Slip Op 20123

MICHAEL SCHLESINGER, Petitioner, v. THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF NEW YORK, Respondents.

Supreme Court, Kings County.

Decided April 7, 2010.

Attorney(s) appearing for the Case

RYAN O. MILLER, ESQ., JEFFREY L. GOLDBERG, P.C., 2001 MARCUS AVENUE, LAKE SUCCESS, NEW YORK 11042, 516-775-9400, ATTORNEY FOR THE PETITIONER.

MICHAEL A. CARDOZO, ESQ., CORPORATION COUNSEL OF THE CITY OF NEW YORK, BY: KEITH M. SNOW, ESQ., 100 CHURCH STREET, RM 5-141, NEW YORK, NEW YORK 10007, 212-788-0581, ATTORNEYS FOR RESPONDENTS.

MARTIN SCHNEIER, J.

The novel primary issue presented in this Article 78 proceeding is whether the determination by the Board of Trustees of the New York City Employees' Retirement System to deny a former Corrections 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, capricious, unreasonable and in violation of the law and, therefore, must be annulled...

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