Jesselli v. New York City Employees' Retirement System

OPINION OF THE COURT

Sullivan, J.

In this CPLR article 78 proceeding the New York City Employees’ Retirement System appeals from a judgment (119 Misc 2d 1064) which annulled its determination denying petitioner military veteran’s retirement benefits because of his convictions in State and Federal courts on various fraud and conspiracy charges unrelated to his employment with the city’s Department of Transportation. Although we do not believe that his entitlement to benefits is as broad as Special Term found, we agree that petitioner, who served in the military during the Korean War, is eligible…