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

2020-03034. Index No. 472/19.

210 A.D.3d 1095 (2022)

179 N.Y.S.3d 291

2022 NY Slip Op 06806

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

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

Decided November 30, 2022.

Attorney(s) appearing for the Case

Goldberg & McEnaney, LLC, Port Washington, NY ( Timothy McEnaney of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Ellen Ravitch and Melanie T. West of counsel), for respondent.

Duffy, J.P., Connolly, Wooten and Taylor, JJ., concur.

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the New York City Employees' Retirement System dated October 11, 2018, which denied the petitioner's application for disability retirement benefits pursuant to Retirement and Social Security Law § 507-c, the petitioner appeals from a judgment of the Supreme Court, Kings County (Peter P. Sweeney, J.), dated January 6, 2020. The judgment denied the petition and dismissed the...

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