Legal Opinion

Matter of Smiley v. Whinnery

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

Decided June 24, 2026No. 2022-02323Published

1Opinion of the Court

Matter of Smiley v Whinnery

2026 NY Slip Op 03970

June 24, 2026

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

In the Matter of Gary Smiley, respondent,

v

Melanie Whinnery, etc., et al., appellants.

Supreme Court of the State of New York, Appellate Division, Second Judicial Department

Decided on June 24, 2026

2022-02323, (Index No. 501895/21)

Valerie Brathwaite Nelson, J.P.

Helen Voutsinas

Janice A. Taylor

Donna-Marie E. Golia, JJ.

Steven…

2Cases cited4 opinions

  1. Bitchatchi v. Board of Trustees of New York City Police Department Pension FundNew York Court of Appeals · 2012
  2. Matter of Russell v. New York City Employees' Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Bradley v. New York City Employees' Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2021
  4. Matter of Haag v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2022

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