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

2010-08390.

85 A.D.3d 918 (2011)

925 N.Y.S.2d 600

2011 NY Slip Op 5278

In the Matter of DOROTHY LEARY, Respondent, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, Appellant.

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

Decided June 14, 2011.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

On January 9, 2003, the petitioner, employed as a part-time junior public health nurse by the New York City Department of Health and Mental Hygiene, slipped, stumbled, and injured her left knee while descending a staircase inside the public school where she was assigned. In June 2006 the Board of Trustees...

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