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MATTER OF PEPE v. THE DEPARTMENT OF EDUC. OF THE CITY OF N.Y.

Index No. 159071/21 Appeal No. 1320 Case No. 2022-05537.

222 A.D.3d 602 (2023)

203 N.Y.S.3d 13

2023 NY Slip Op 06825

In the Matter of Thomas Pepe, Appellant, v. Department of Education of the City of New York et al., Respondents.

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

Decided December 28, 2023.

Attorney(s) appearing for the Case

Stewart Lee Karlin Law Group P.C., New York ( Natalia Kapitonova of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Julie Steiner of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Webber, Friedman, Shulman, Rosado, JJ.

Order and judgment (one paper), Supreme Court, New York County (Shlomo S. Hagler, J.), entered on or about October 24, 2022, denying the petition to annul respondent's determination, dated October 8, 2020, which denied petitioner's application for accidental disability retirement (ADR) and ordinary disability retirement (ODR), and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner has failed to show that...

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