Legal Opinion

Matter of Fusco v. Teachers' Retirement Sys. of the City of New York

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

Decided February 4, 2016No. 99 100606/14PublishedCited by 5 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Alexander W. Hunter, Jr., J.), entered on or about February 10, 2015, denying the petition brought pursuant to CPLR article 78 to annul respondents’ determination, dated April 7, 2014, which denied petitioner’s application for accidental disability retirement benefits, unanimously affirmed, without costs.

The determination that petitioner was not disabled by back pain or leg pain allegedly resulting from a fall while she walked up the steps at school, while at work, was supported by some credible evidence (see Matter of Meyer v Board of Trustees of…

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. Barden v. New York City Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2002
  4. Matter of Devers v. KellyAppellate Division of the Supreme Court of the State of New York · 2015
  5. Mininni v. New York City Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by5 opinions

  1. Matter of DeMeo v. Teachers Retirement Sys. of the City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of McMikle v. Department of Educ. of the City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Matter of McMikle v. Department of Educ. of the City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2023
  4. Matter of Merlino v. Teachers' Retirement Sys. of the City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2019
  5. Matter of Schafer v. New York State Teachers' Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2019

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