MATTER OF BENSON v. CITY OF NEW YORK


15 Misc.3d 1022 (2007)

834 N.Y.S.2d 647

In the Matter of ANDREW BENSON et al., Petitioners, v. CITY OF NEW YORK et al., Respondents.

Supreme Court, Kings County.

April 9, 2007.


Attorney(s) appearing for the Case

Sullivan Papain Block McGrath & Cannavo, P.C., New York City, for Andrew Benson, petitioner.

Pryor, Cashman, Sherman & Flynn, New York City, for Stephen J. Cassidy and others, petitioners.

Michael A. Cardozo, Corporation Counsel, New York City, for respondents.


OPINION OF THE COURT

IRA B. HARKAVY, J.

Petitioner Andrew Benson was a firefighter employed by the Fire Department of the City of New York until his retirement on July 24, 2006. Petitioners Stephen J. Cassidy, Peter Gorman, James M. Slevin, John G. Kelly, Jr., Robert Straub, Nicholas Visconti, Stephen J. Carbone and Joseph Gagliardi are all trustees of the New York City Fire Department Pension Fund (the...

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