Matter of Modlin v. Kelly

Determination of respondent Board of Trustees, dated May 10, 2012, denying petitioner’s application for accidental disability retirement benefits, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Eileen A. Rakower, J.], entered February 11, 2013), dismissed, without costs.

This proceeding was improperly transferred to this Court because the determination was not made pursuant to an administrative hearing. However, in the interest of judicial economy, we address the merits of…