Licari v. New York City Employees' Retirement System

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered June 10, 1996, which found respondents’ determination respecting petitioner’s retirement benefits arbitrary and capricious and remanded the matter to New York City Employees’ Retirement System (NYCERS) for further consideration, unanimously reversed, on the law, without costs, the application denied and the petition dismissed.

During his employment as a foreman with the Bureau of Water Supply, Department of Water Resources, petitioner was assigned to the Upstate Watershed area and inhabited a house owned by the City of…