Legal Opinion

Weaver ex rel. Weaver v. New York City Employees' Retirement System

District Court, S.D. New York

Decided July 21, 1989No. 88 Civ. 2662 (MBM)PublishedCited by 4 opinions

1Opinion of the Court

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiff Stephen Weaver was a retired New York City employee who received a pension from defendant New York City Employees’ Retirement System (“NY-CERS”). Plaintiff died on December 29, 1988. This action, styled a § 1983 claim,1 has been brought by his niece Rosalie Weaver, suing as his next friend, to challenge an alleged NYCERS policy of cutting off payments to a pensioner perceived to be incompetent until a committee or conservator is appointed. In the spring of 1988, NYCERS terminated plaintiff’s pension checks after it determined that plaintiff *1042wa…

2Cases cited34 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Anderson v. CreightonSupreme Court of the United States · 1987
  5. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950

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3Cited by4 opinions

  1. Quinn v. GrimesSupreme Court of Vermont · 2004
  2. Smalls v. New York City Employees' Retirement SystemDistrict Court, S.D. New York · 2019
  3. Teichmann v. New York City Employees' Retirement SystemDistrict Court, S.D. New York · 2022
  4. Weaver v. NEW YORK CITY EMP. RETIREMENT SYSTEMDistrict Court, S.D. New York · 1989

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