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MATTER OF RUSSELL v. NEW YORK CITY FIRE PENSION FUND

Index No. 160169/19. Appeal No. 13260. Case No. 2020-02382.

192 A.D.3d 442 (2021)

139 N.Y.S.3d 805

2021 NY Slip Op 01345

In the Matter of James A. Russell, Petitioner, v. The New York City Fire Pension Fund et al., Respondents.

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

Decided March 4, 2021.

Attorney(s) appearing for the Case

Seelig Law Offices, LLC, New York ( Phillip H. Seelig of counsel), for petitioner.

James E. Johnson , Corporation Counsel, New York ( Claibourne Henry of counsel), for respondents.

Concur—Kern, J.P., Oing, Singh, Moulton, JJ.

The determination was not made pursuant to an administrative hearing, and therefore the proceeding was improperly transferred to this Court. In the interest of judicial economy however, we address the merits of the petition (Matter of DeMonico v Kelly, 49 A.D.3d 265 [1st Dept 2008]).

The denial of ADR benefits to petitioner firefighter was supported by credible evidence, and was...

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