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MATTER OF NESPOLI v. BOARD OF TRUSTEES OF THE N.Y. CITY EMPLOYEES' RETIREMENT SYS.

Index No. 159601/16. Appeal No. 15885. Case No. 2021-02096.

205 A.D.3d 453 (2022)

169 N.Y.S.3d 21

2022 NY Slip Op 03052

In the Matter of Harry Nespoli et al., Appellants, v. Board of Trustees of the New York City Employees' Retirement System et al., Respondents.

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

Decided May 5, 2022.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan LLP, New York (Dina Kolker of counsel), for appellants.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Lorenzo Di Silvio of counsel), for respondents.

Concur— Gische, J.P., Kern, Oing, González, Scarpulla, JJ.

Petitioners, who were members of NYCERS and other New York City and State retirement systems, left their previous jobs within the various retirement systems and were hired as uniformed sanitation workers within NYCERS after April 1, 2012. When petitioners became sanitation workers, they were placed in tier 4 of NYCERS based on their prior participation in public employee retirement systems. However, in 2016, NYCERS determined that it had made an error, and therefore reclassified...

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