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

2018-07671. Index No. 513811/16.

202 A.D.3d 1082 (2022)

159 N.Y.S.3d 892

2022 NY Slip Op 01158

In the Matter of Matthew Boyd, Respondent, v. New York City Employees' Retirement System et al., Appellants.

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

Decided February 23, 2022.

Attorney(s) appearing for the Case

Georgia M. Pestana, Corporation Counsel, New York, NY (Melanie T. West and Elina Druker of counsel), for appellants.

Chet Lukaszewski, P.C., Garden City, NY, for respondent.

Chambers, J.P., Christopher, Zayas and Dowling, JJ., concur.

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

The petitioner allegedly was injured while working as a captain with the New York City Department of Correction during two incidents that occurred in 2006 and 2007. He applied for disability retirement benefits pursuant to Retirement and Social Security Law § 507-c. On May 12, 2016, the Board of Trustees of the New York City Employees' Retirement...

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