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

2018-01666. Index No. 510650/16.

193 A.D.3d 847 (2021)

148 N.Y.S.3d 141

2021 NY Slip Op 02289

In the Matter of Kevin Bradley, Respondent, v. New York City Employees' Retirement System, et al., Appellants.

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

Decided April 14, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York, NY ( Scott Shorr , John Moore , and Lorenzo DiSilvio of counsel), for appellants.

Seelig Law Offices, LLC, New York, NY ( Philip H. Seelig of counsel), for respondent.

Dillon, J.P., Austin, Duffy and Wooten, JJ., concur.

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

As is relevant to this appeal, in June 2016, the petitioner, a retired New York City correction officer, commenced this CPLR article 78 proceeding against the City of New York, the New York City Employees' Retirement System (hereinafter NYCERS), the Board of Trustees of NYCERS (hereinafter the Board of...

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