MATTER OF WALSH v. SCOPETTA

2009-03722.

73 A.D.3d 1192 (2010)

902 N.Y.S.2d 600

In the Matter of ROBERT WALSH, Appellant, v. NICHOLAS SCOPETTA, as Fire Commissioner of the City of New York and as Chairman of the Board of Trustees of the New York Fire Department, Article 1-B Pension Fund, et al., Respondents.

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

Decided May 25, 2010.


Ordered that the judgment is affirmed insofar as appealed from, with costs.

CPLR article 78 relief in the form of mandamus to compel may be granted only where a petitioner establishes a clear legal right to the relief requested (see Matter of Council of City of N.Y. v Bloomberg, 6 N.Y.3d 380, 388 [2006]). The New York City Fire Department Article 1-B Pension Fund is administered by a Board of Trustees pursuant to title...

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