Legal Opinion

Boyer v. New York City Employees' Retirement System

New York Supreme Court

Decided September 26, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Debra Silber, J.

Petitioner Enis Boyer moves:

1. For a judgment pursuant to CPLR article 78:

A. upgrading petitioner’s non-line of duty disability pension to a World Trade Center disability pension; or

B. directing respondents to reconsider petitioner’s application in a fair and lawful manner; and

2. For an order pursuant to CPLR 2307 (a) directing the respondents to serve and file upon the date hereof:

A. all reports, recommendations, certificates and all other documents submitted to the Board of Trustees of the New York City Fire Department (FDNY), article I-B pension fund in…

2Cases cited6 opinions

  1. Tobin v. SteiselNew York Court of Appeals · 1985
  2. Bitchatchi v. Board of Trustees of New York City Police Department Pension FundNew York Court of Appeals · 2012
  3. Callahan v. Board of Trustees of New York City Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1996
  4. Aitola v. New York City Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2006
  5. Roberts v. MurphyNew York Court of Appeals · 2004

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