- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Apr 13 2011 (Date Decided)
- Friedman, J.P., Sweeny, Acosta, Abdus-Salaam, Manzanet-Daniels, JJ.
8982-8983. IN RE DIANA TORRES, pet-res, v. RAYMOND KELLY, ETC. Respondents-ap — Michael A. Cardozo, Corporation Counsel, New York (Keith M. Snow of counsel), for ap — Ungaro & Cifuni, New York (Nicholas Cifuni of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Manuel J. Mendez, J.), entered April 13, 2011, which, to the extent appealed from as limited by the briefs, granted the petition to annul respondents' determination denying petitioner accident disability retirement (ADR) benefits and directed respondents to retire petitioner with ADR benefits retroactive to the date of petitioner's retirement, unanimously reversed, on the law, without costs, the order and judgment vacated, and the matter remanded to respondent Board of Trustees for further proceedings in accordance herewith. Appeal from order and judgment (one paper), same court and Justice, entered October 12, 2011, which, to the extent appealed from as limited by the briefs, upon reargument, adhered to its original determination, unanimously dismissed, without costs, as academic.
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