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MATTER OF SPEARS v. NEW YORK CITY EMPLOYEES' RETIREMENT SYS.

12199, 103510/12

116 A.D.3d 491 (2014)

984 N.Y.S.2d 24

2014 NY Slip Op 2504

In the Matter of DIANNE SPEARS, Appellant, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

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

Decided April 10, 2014.

The determination of NYCERS' Board of Trustees that petitioner failed to meet her burden of showing that her disabling condition was proximately caused by an alleged on-the-job incident had a rational basis (see generally Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 231 [1974]). The record...

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