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BOYER v. NYCERS

7266/12

41 Misc.3d 987 (2013)

972 N.Y.S.2d 475

2013 NY Slip Op 23357

In the Matter of ENIS BOYER, Petitioner, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

Supreme Court, Kings County.

Decided September 26, 2013.

Attorney(s) appearing for the Case

Chet Lukaszewski, P.C., Lake Success ( Chester Lukaszewski of counsel), for petitioner.

Michael A. Cardozo , Corporation Counsel, New York City ( Karen Selvin of counsel), for respondents.

OPINION OF THE COURT

DEBRA SILBER, J.

Petitioner Enis Boyer moves:

1. For a judgment pursuant to CPLR article 78:

A. upgrading petitioner's non-line of duty disability pension to a World Trade Center disability pension; or

B. directing respondents to reconsider petitioner's application in a fair and lawful manner; and

2. For an order pursuant to CPLR 2307 (a) directing the respondents to serve and file upon the date hereof...

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