Matter of Shafran v. N.Y. City Emp. Retire

Full title: In the Matter of LESTER SHAFRAN, Appellant, v. NEW YORK CITY EMPLOYEES…

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

Date published: Dec 30, 1993

199 A.D.2d 224 (N.Y. App. Div. 1993)

608 N.Y.S.2d 64

Opinion

December 30, 1993

Appeal from the Supreme Court, New York County (Edward H. Lehner, J.).

In 1986, respondent New York City Employees' Retirement System unambiguously rejected in writing petitioner's request for transfer of retirement benefits from Plan A to Plan B. Therefore, this action commenced in July 1992 is time-barred (see, Matter of Edmead v McGuire, 67 N.Y.2d 714). Petitioner's breach of contract claim based on the 1988 recoupment agreement between the parties was not raised before the IAS Court and, in any event, is without merit. (Recovery Consultants v Shih-Hsieh, 141 A.D.2d 272, 276).

Concur — Rosenberger, J.P., Ellerin, Kupferman and Rubin, JJ.