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MATTER OF RAMIREZ v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM

2019-00328. Index No. 2355/17.

189 A.D.3d 1417 (2020)

139 N.Y.S.3d 257

2020 NY Slip Op 07893

In the Matter of Jose Ramirez, Appellant, 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

Law Offices of Fausto E. Zapata, Jr., P.C., New York, NY, for appellant.

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 order and judgment is affirmed, with costs.

The petitioner became employed as a housekeeping aide for New York City Health and Hospitals in March 1993. On April 27, 2004, the petitioner became a member of the respondent, New York City Employees Retirement Systems (hereinafter NYCERS), and was placed in Tier 4. In September 2012, the petitioner was appointed as a correction officer for the New York City Department of Correction, and left his prior...

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