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MATTER OF RIVERA v. BOARD OF TRUSTEES OF N.Y. FIRE DEPT.

Index No. 156115/21. Appeal No. 678. Case No. 2022-04201.

220 A.D.3d 584 (2023)

198 N.Y.S.3d 680

2023 NY Slip Op 05379

In the Matter of Jorge Rivera, Respondent, v. Board of Trustees of N.Y. Fire Dept. et al., Appellants.

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

Decided October 24, 2023.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Lauren L. O'Brien of counsel), for appellants.

Napoli Shkolnik PLLC, New York ( Stephen Holihan of counsel), for respondent.

Concur—Kern, J.P., Moulton, Mendez, Higgitt, O'Neill Levy, JJ.

Judgment, Supreme Court, New York County (Frank Nervo, J.), entered July 28, 2022, granting the petition brought pursuant to CPLR article 78 to annul the determination of respondent Board of Trustees of the New York City Fire Department, Subchapter II Fire Pension Fund, dated February 26, 2021, which denied petitioner's application for accidental disability retirement (ADR) benefits, and for attorneys' fees, and awarding petitioner ADR benefits and attorneys' fees in an amount...

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