Figaro v. Connor

Memorandum: Plaintiff commenced this action to recover damages resulting from defendants’ alleged negligence in failing properly to institute a CPLR article 78 proceeding. In that proceeding, plaintiff sought to challenge a determination of the New York State and Local Retirement Systems (Retirement Systems) denying his applications for accidental disability retirement (see, Retirement and Social Security Law § 363) and retirement for disability incurred in the performance of duty (see, Retirement and Social Security Law § 363-c). The CPLR article 78 petition was dismissed for lack of…