Legal Opinion

Fernandez v. Board of Trustees of the New York Fire Department Pension Fund, Subchapter 2

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

Decided February 22, 2011PublishedCited by 3 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the New York City Fire Department Tension Fund, Subchapter 2, dated May 20, 2008, denying the petitioner’s application for accidental death benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Knipel, J.), dated April 15, 2009, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs, the petition is reinstated, and the petition is granted to the extent of annulling the determination and remitting the…

2Cases cited11 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. Matter of Christian v. New York City Employees'ret. Sys.New York Court of Appeals · 1982
  4. Brady v. City of New YorkNew York Court of Appeals · 1968
  5. MATTER OF SIMMONS v. HerkommerNew York Court of Appeals · 1984

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3Cited by3 opinions

  1. Macri v. KellyAppellate Division of the Supreme Court of the State of New York · 2011
  2. Matter of Giuliano v. New York Fire Dept. Pension FundAppellate Division of the Supreme Court of the State of New York · 2020
  3. Matter of Fernandez v. NigroAppellate Division of the Supreme Court of the State of New York · 2019

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