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MATTER OF LEARY v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM

59 A.D.3d 547 (2009)

872 N.Y.S.2d 554

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

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

Decided February 10, 2009.

Ordered that the judgment is reversed, on the law, with costs, the petition is granted, the determination is annulled, and the matter is remitted to the Board of Trustees of the New York City Employees' Retirement System for further proceedings consistent herewith.

On or about August 19, 2002 the petitioner Dorothy Leary became employed by the New York City Department of Health and Mental Hygiene as a part-time junior public health nurse. On January 9, 2003 at approximately...

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