MATTER OF LY v. NEW YORK CITY EMPLS. RETIREMENT SYS.

2018-09343. Index No. 520388/17.

189 A.D.3d 1410 (2020)

139 N.Y.S.3d 261

2020 NY Slip Op 07890

In the Matter of Michael Ly et al., Appellants, v. New York City Employees Retirement System, Respondent.

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

Kousoulas & Associates P.C., New York, NY ( Antonia Kousoulas of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York, NY ( Deborah A. Brenner and Diana Lawless of counsel), for respondent.

Rivera, J.P., Duffy, Barros and Iannacci, JJ., concur.


Ordered that the judgment is affirmed, with costs.

The petitioner Michael Ly started working for the New York City Police Department as a police communications technician on September 5, 2010. He became a member of the respondent, New York City Employees Retirement System (hereinafter NYCERS), on September 16, 2010, and was placed in Tier 4. On September 6, 2012, he was appointed as a correction officer with the New York City Department of Correction. Thereafter,...

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