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TOOLASPRASHAD v. CITY OF NEW YORK

8310. 152315/16.

169 A.D.3d 405 (2019)

93 N.Y.S.3d 291

2019 NY Slip Op 00825

Rudranauth O. Toolasprashad, Appellant, v. City of New York et al., Respondents.

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

Decided February 5, 2019.

Plaintiff, a former police officer, brings this plenary action to challenge the vesting date of his right to receive Police Pension Fund payments. The gravamen of plaintiff's claims is a review of the Police Pension Fund's administrative determination of his vesting date, which must be asserted in a CPLR article 78 proceeding (see Hughey v Metropolitan Transp. Auth., 159 A.D.3d 596, 597 [1st Dept 2018]; Purcell v City of New York...

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