Matter of Mazziotti v Kelly

Matter of Mazziotti v Kelly 2015 NY Slip Op 05584 Decided on June 25, 2015 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 25, 2015
Friedman, J.P., Andrias, Saxe, Richter, Gische, JJ.
15544 101666/13

[*1] In re Michael Mazziotti, Petitioner-Appellant,

v

Raymond Kelly, etc., et al., Respondents-Respondents.

Chet Lukaszewski, P.C., Lake Success (Chester Lukaszewski of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York (Jane L. Gordon of counsel), for respondents.

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered May 2, 2014, which denied the petition seeking, among other things, to annul respondents' determination, dated September 12, 2013, denying retroactive accidental disability retirement (ADR) benefits, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

When respondents reclassified petitioner's retirement to ADR on September 11, 2013, they were constrained by statute to deny petitioner's request that the ADR benefits be paid retroactively (see Administrative Code of City of NY § 13-252.1[2][b]). The remedy, if any, lies with legislative action.

Petitioner's request for sanctions is improperly raised for the first time in his reply brief.

We have considered petitioner's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 25, 2015

CLERK