Skagen v. New York City Employees' Retirement System

OPINION OF THE COURT

Andrew R. Tyler, J.

This is an article 78 proceeding seeking an order compelling the New York City Employees’ Retirement System (NYCERS) to terminate payments of accidental death benefits to the plaintiff’s infant son, respondent John M. Skagen, Jr., and to reinstate such payments to her. Petitioner is the widow of a former transit police officer (and member of the NYCERS) who died in a line-of-duty accidental injury in June, 1972.

Respondent, NYCERS, seeks dismissal of the petition on the grounds that it properly and lawfully made payments, and continues to make payments,…