Hill v. New York State & Local Retirement Systems

Appellate Division of the Supreme Court of New York

Hill v. New York State & Local Retirement Systems

283 A.D.2d 846, 724 N.Y.S.2d 663, 2001 N.Y. App. Div. LEXIS 5430

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 24, 2001

StatusPublished

This text of 283 A.D.2d 846 (Hill v. New York State & Local Retirement Systems) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hill v. New York State & Local Retirement Systems, 283 A.D.2d 846, 724 N.Y.S.2d 663, 2001 N.Y. App. Div. LEXIS 5430 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Peters, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent Comptroller which denied petitioner’s application for disability retirement benefits.

Inasmuch as respondents concede that the Hearing Officer erred in issuing his decision prior to receipt of petitioner’s brief and prior to the date scheduled for its submission, the appropriate remedy for this procedural defect is to remit the matter to respondent Comptroller for a de novo determination upon the existing record (see, Matter of Kaiser v McCall, 262 AD2d 920).

Mercure, J. P., Spain, Carpinello and Mugglin, JJ., concur. Adjudged that the determination is annulled, with costs, and matter remitted to respondent Comptroller for further proceedings not inconsistent with this Court’s decision.

Free access — add to your briefcase to read the full text and ask questions with AI

—Peters, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of respondent Comptroller which denied petitioner’s application for disability retirement benefits.

Inasmuch as respondents concede that the Hearing Officer erred in issuing his decision prior to receipt of petitioner’s brief and prior to the date scheduled for its submission, the appropriate remedy for this procedural defect is to remit the matter to respondent Comptroller for a de novo determination upon the existing record (see, Matter of Kaiser v McCall, 262 AD2d 920).

Mercure, J. P., Spain, Carpinello and Mugglin, JJ., concur. Adjudged that the determination is annulled, with costs, and matter remitted to respondent Comptroller for further proceedings not inconsistent with this Court’s decision.

Cite This Page — Counsel Stack

Bluebook (online)

283 A.D.2d 846, 724 N.Y.S.2d 663, 2001 N.Y. App. Div. LEXIS 5430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-new-york-state-local-retirement-systems-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack