Mangino v. New York City Employees' Retirement System

Appellate Division of the Supreme Court of New York

Mangino v. New York City Employees' Retirement System

294 A.D.2d 578, 742 N.Y.S.2d 576, 2002 N.Y. App. Div. LEXIS 5632

Appellate Division of the Supreme Court of the State of New York·Decided May 28, 2002·Published·Cited by 1 cases

Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Employees’ Retirement System dated February 18, 2000, which denied the petitioner’s application for performance of duty disability [579] retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Bernstein, J.), dated December 5, 2000, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner’s contention, the administrative determination under review was supported by “some credible evidence” when examined in accordance with the applicable standards (see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760).

The petitioner’s remaining contention is without merit. Florio, J.P., Friedmann, H. Miller and Townes, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Employees’ Retirement System dated February 18, 2000, which denied the petitioner’s application for performance of duty disability [579] retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Bernstein, J.), dated December 5, 2000, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner’s contention, the administrative determination under review was supported by “some credible evidence” when examined in accordance with the applicable standards (see Matter of Borenstein v New York City Employees’ Retirement Sys., 88 NY2d 756, 760).

The petitioner’s remaining contention is without merit. Florio, J.P., Friedmann, H. Miller and Townes, JJ., concur.

Mangino v. New York City Employees' Retirement System, 294 A.D.2d 578, 742 N.Y.S.2d 576, 2002 N.Y. App. Div. LEXIS 5632 (N.Y. Ct. App. 2002).

Pincite

294 A.D.2d 578 (Mangino v. New York City Employees' Retirement System) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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