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MATTER OF DESIMONE v. NEW YORK CITY EMPLOYEES' RETIREMENT SYS.

60 A.D.3d 1053 (2009)

876 N.Y.S.2d 467

In the Matter of ALFRED DESIMONE, Appellants, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM et al., Respondents. KATHLEEN OAKES et al., Intervenors-Appellants.

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

Decided March 31, 2009.

Ordered that the judgment is affirmed, with costs, and the action is severed.

The New York City Employees' Retirement System (hereinafter NYCERS) is an administrative agency of the City of New York that manages the retirement and disability benefits of City employees who are part of the retirement system. The Retirement and Social Security Law and certain provisions of the New York City Administrative Code provide the statutory schemes by which employees may receive...

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