Vaccarella v. New York Employee Retirement System

Order and judgment (one paper), Supreme Court, New York County (David Saxe, J.), entered June 7, 1996, which, in a proceeding challenging respondent’s denial of accident disability retirement benefits, granted respondent’s cross motion to dismiss the petition as time-barred, unanimously affirmed, without costs.

The statements made to petitioner by respondent’s agent in response to petitioner’s initial request for reconsideration of respondent’s denial of accidental retirement, to the effect that there could be no reconsideration in the absence of new evidence, were not erroneous, and, even if…