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In re of Godwin v. Board of Education Retire

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 2010
74 A.D.3d 1196 (N.Y. App. Div. 2010)

Opinion

No. 2009-02614.

June 22, 2010.

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Education Retirement System of the City of New York dated May 31, 2005, which denied the petitioner's application for ordinary disability retirement, the petitioner appeals from a judgment of the Supreme Court, Kings County (Kramer, J.), entered December 31, 2008, which, in effect, denied the petition and dismissed the proceeding.

Noah A. Kinigstein, New York, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers, Ilyse Sisolak, and Janet L. Zaleon of counsel), for respondent.

Before: Skelos, J.P., Covello, Hall and Sgroi, JJ.


Ordered that the judgment is affirmed, with costs.

The petitioner commenced this proceeding to review a determination which denied her application for "ordinary disability benefits." The Supreme Court dismissed the proceeding, inter alia, on the ground that the petitioner was not entitled to ordinary disability benefits because she had insufficient credited service. That determination is rational, and is supported by the undisputed facts in the record.

The petition did not seek review of the denial of the petitioner's application for an accidental disability retirement. Therefore, issues pertaining to that application are not properly before this Court. Further, the petitioner's remaining contentions are not properly before this Court ( see Monadnock Constr., Inc. v DiFama Concrete, Inc., 70 AD3d 906).


Summaries of

In re of Godwin v. Board of Education Retire

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 2010
74 A.D.3d 1196 (N.Y. App. Div. 2010)
Case details for

In re of Godwin v. Board of Education Retire

Case Details

Full title:In the Matter of ANN GODWIN, Appellant, v. BOARD OF EDUCATION RETIREMENT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 22, 2010

Citations

74 A.D.3d 1196 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5553
902 N.Y.S.2d 408