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IN THE MATTER OF RAGIN v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM

19 A.D.3d 603 (2005)

797 N.Y.S.2d 133

In the Matter of DAVID RAGIN, Respondent, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, Appellant.

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

June 20, 2005.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.

The New York City Employees' Retirement System (hereinafter the NYCERS) determined that the petitioner had not filed his application for early retirement on or before the applicable December 16, 2002, deadline. This determination was based on all of the indications...

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