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

2019-11311. Index No. 501142/19.

208 A.D.3d 882 (2022)

174 N.Y.S.3d 106

2022 NY Slip Op 05089

In the Matter of Scott S. Singleton, Respondent, v. New York City Employees' Retirement System, Appellant.

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

Decided August 31, 2022.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix, Corporation Counsel, New York, NY (Jeremy W. Shweder and Diana Lawless of counsel), for appellant.

Goldberg & McEnaney, LLC, Port Washington, NY (Timothy McEnaney, of counsel), for respondent.

LaSalle, P.J., Roman and Christopher, JJ., concur.

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

The petitioner, a former correction officer with the New York City Department of Correction, applied for performance of duty disability retirement benefits pursuant to Retirement and Social Security Law § 507-c, alleging that he sustained disabling injuries to his neck and back on December 29, 2013, during an altercation with an inmate. On September...

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