Legal Opinion

Ackalitis v. Murphy

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

Decided March 1, 2004PublishedCited by 2 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a de*382termination of the Board of Trustees of the New York City Employees’ Retirement System, dated May 30, 2002, which denied the petitioner’s application for ordinary disability retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Richmond County (Lebowitz, J.), dated December 19, 2002, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The issue of whether a member is disabled is determined by the Medical Board of the New York City Employees’ Retirement…

2Cases cited5 opinions

  1. Borenstein v. New York City Employees' Retirement SystemNew York Court of Appeals · 1996
  2. Meyer v. Board of TrusteesNew York Court of Appeals · 1997
  3. Tobin v. SteiselNew York Court of Appeals · 1985
  4. Santoro v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1995
  5. Barnett v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by2 opinions

  1. Marzigliano v. New York City Employees' Retirement System (NYCERS)Appellate Division of the Supreme Court of the State of New York · 2006
  2. Suppan v. New York City Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2007

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