Legal Opinion
Murphy v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 2006Published
1Opinion of the Court
Judgment, Supreme Court, New York County (Doris Ling-Cohan, J.), entered May 24, 2006, granting the petition only to the extent of remanding to respondent Board of Trustees for a name-clearing hearing, but otherwise denying petitioner’s application challenging his forced retirement, unanimously affirmed, without costs.
Petitioner is not entitled to a trial pursuant to CPLR 7804 (h) on the issue of whether his departure from the New York City Employees’ Retirement System was coerced. Even accepting his version of the facts (i.e., that respondent Stark had told him he would be fired if he did…
2Cases cited7 opinions
- MATTER OF SWINTON v. SafirNew York Court of Appeals · 1999
- Abramson v. PatakiCourt of Appeals for the Second Circuit · 2002
- O'Day v. YeagerNew York Court of Appeals · 1955
- Rapp v. New York City Employees' Retirement SystemNew York Court of Appeals · 1977
- Nolan v. TullyAppellate Division of the Supreme Court of the State of New York · 1976
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