Legal Opinion

Matter of McCracken v. Whinnery

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

Decided September 16, 2026No. 2024-05337Published

1Opinion of the Court

Matter of McCracken v Whinnery

2026 NY Slip Op 05309

September 16, 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 Robert McCracken, respondent,

v

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

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

Decided on September 16, 2026

2024-05337, (Index No. 508590/21)

Mark C. Dillon, J.P.

Valerie Brathwaite Nelson

Deborah A. Dowling

Susan Quirk, JJ.

2Cases cited7 opinions

  1. Bitchatchi v. Board of Trustees of New York City Police Department Pension FundNew York Court of Appeals · 2012
  2. Rodriguez v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 2004
  3. Matter of Russell v. New York City Employees' Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Agnelli v. KellyAppellate Division of the Supreme Court of the State of New York · 2012
  5. Matter of Haag v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2022

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