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

10479. 101209/18.

178 A.D.3d 408 (2019)

111 N.Y.S.3d 176

2019 NY Slip Op 08602

In the Matter of Boris Teichmann, Appellant, v. New York City Employees' Retirement System, Respondent.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Boris Teichmann, appellant pro se.

James E. Johnson, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Mazzarelli, Kapnick, JJ.

The court properly found that the petition is time-barred, since petitioner failed to commence this action within four months of respondent's final determination regarding his retirement disability benefits (see CPLR 217[1]; Matter of Best Payphones, Inc. v Department of Info. Tech. & Telecom. of City of N.Y., 5 N.Y.3d 30, 34 [2005]). Respondent notified petitioner of its final determination in June 2017, but petitioner...

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