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

2019-00662. Index No. 511644/18.

189 A.D.3d 1225 (2020)

134 N.Y.S.3d 252

2020 NY Slip Op 07564

In the Matter of Georgia Asciutto, Appellant, v. New York City Employees' Retirement System et al., Respondents.

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

Decided December 16, 2020.

Attorney(s) appearing for the Case

Grey & Grey, LLP, Farmingdale, NY ( Robert E. Grey of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York, NY ( Fay Ng and Julie Steiner of counsel), for respondents.

Roman, J.P., Duffy, Barros and Connolly, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The petitioner's decedent, the former executive director of the New York City Fire Department, retired pursuant to a service retirement pension in 2005. The decedent died on April 7, 2013, from illness resulting from his exposure to toxins while participating in the response to the September 11, 2001 terrorist attacks at the World Trade Center (hereinafter WTC). On November 4, 2013, the New York State Workers' Compensation...

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