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MATTER OF KEARNEY v. NIGRO

2020-01921. Index No. 603/18.

209 A.D.3d 1024 (2022)

177 N.Y.S.3d 339

2022 NY Slip Op 06007

In the Matter of Joseph M. Kearney, Appellant, v. Daniel A. Nigro et al., Respondents.

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

Decided October 26, 2022.

Attorney(s) appearing for the Case

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

Sylvia O. Hinds-Radix, Corporation Counsel, New York, NY (Jeremy W. Shweder and Amy McCamphill of counsel), for respondents.

Duffy, J.P., Iannacci, Miller and Zayas, JJ., concur.

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Trustees of the New York City Fire Department Article 1-B Pension Fund, dated November 21, 2017, which denied the petitioner's application for accidental disability retirement benefits and retired him on ordinary disability retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Ingrid Joseph, J.), dated September 26, 2019. The judgment...

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