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

2018-12043. Index No. 2032/17.

202 A.D.3d 682 (2022)

2022 NY Slip Op 00664

In the Matter of Mona Lake, Appellant, v. New York City Employees' Retirement System, Respondent.

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

Decided February 2, 2022.

Attorney(s) appearing for the Case

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

Georgia M. Pestana , Corporation Counsel, New York, NY ( Scott Shorr and Eric Lee of counsel), for respondent.

Connolly, J.P., Miller, Christopher and Genovesi, JJ., concur.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The petitioner, who was born in 1970, began working for New York City in 1996. She joined New York City Employees' Retirement System (hereinafter the Retirement System) in April 2000. The Retirement System initially placed the petitioner in the Tier 4 Basic 62/5 pension plan (hereinafter the 62/5 plan). In 2017, the Retirement System determined

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