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MATTER OF COLON v. TEACHERS' RETIREMENT SYS. OF THE CITY OF N.Y.

Index No. 159317/20. Appeal No. 16521. Case No. 2021-03148.

209 A.D.3d 579 (2022)

177 N.Y.S.3d 228

2022 NY Slip Op 05947

In the Matter of Anne Marie R. Colon, Respondent, v. Teachers' Retirement System of the City of New York, Appellant, et al., Respondent.

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

Decided October 25, 2022.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Jamison Davies of counsel), for appellant.

Smith & Downey, P.A., Baltimore, MD ( Kerstin M. Miller , of the bar of the State of Maryland and District of Columbia, admitted pro hac vice, of counsel) for respondent.

Concur—Webber, J.P., Singh, Moulton, González, Pitt, JJ.

Judgment (denominated an order), Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about July 14, 2021, granting the petition to annul respondent's August 10, 2020 determination, which denied petitioner's application for ordinary death benefits under the decedent's pension plan to the extent of directing respondent to pay the ordinary death benefits to petitioner and to recalculate the accidental death benefits to the decedent's statutory beneficiary,...

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