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MATTER OF McMIKLE v. DEPARTMENT OF EDUC. OF THE CITY OF N.Y.

Index No. 150697/22. Appeal No. 731. Case No. 2022-03082.

220 A.D.3d 466 (2023)

197 N.Y.S.3d 198

2023 NY Slip Op 05099

In the Matter of Ashley McMikle, Appellant, v. Department of Education of the City of New York et al., Respondents.

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

Decided October 10, 2023.

Attorney(s) appearing for the Case

Stewart Lee Karlin, Law Group, P.C., New York (Natalia Kapitonova of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Amanda Abata of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gesmer, González, Kennedy, O'Neill Levy, JJ.

Judgment (denominated an order), Supreme Court, New York County (Arlene Bluth, J.), entered on or about June 13, 2022, denying the petition to annul respondents' determination, dated July 7, 2021, which denied petitioner's application for accidental disability retirement (ADR) benefits, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner has not shown that respondents' determination to deny her application...

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