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

2018-15180. Index No. 9/2017.

189 A.D.3d 1256 (2020)

138 N.Y.S.3d 637

2020 NY Slip Op 07583

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

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

Decided December 16, 2020.


Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York, NY ( Scott Shorr and Eric Lee of counsel), for appellant.

Kreisberg & Maitland, LLP, New York, NY ( Jeffrey L. Kreisberg of counsel), for respondent.

Mastro, J.P., Roman, Hinds-Radix and Connolly, JJ., concur.


Ordered that the order and judgment is modified, on the law, by deleting the provision thereof granting that branch of the second amended petition which was to direct the New York City Employees' Retirement System to return the petitioners to their previous pension plan and directing the New York City Employees' Retirement System to return the petitioners to their previous pension plan, and substituting therefor a provision denying that branch of the second amended petition...

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