Legal Opinion

Rubenstein v. Metropolitan Transportation Authority

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

Decided December 6, 2016No. 2373 100403/15Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Alexander W. Hunter, Jr., J.), entered July 24, 2015, which denied the petition seeking to annul respondents’ determination, dated November 20, 2014, denying petitioner’s application for accidental disability retirement, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The court did not err in declining to transfer the proceeding pursuant to CPLR 7804 (g). First, because the hearing before a hearing officer was not transcribed or recorded, the hearing was not a quasi-judicial hearing which would…

2Cases cited5 opinions

  1. Rosenkrantz v. McMickensAppellate Division of the Supreme Court of the State of New York · 1987
  2. De Zago v. New York State of Police & Firemen's Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1990
  3. Milt-Nik Land Corp. v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2005
  4. Cantello v. ReganAppellate Division of the Supreme Court of the State of New York · 1989
  5. Okon v. ReganAppellate Division of the Supreme Court of the State of New York · 1992

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