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Matter of D'Alessandro v. Nigro

Fireman Granted Leave for Discovery in Article 78 Proceeding Against City Respondents

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Decided: February 21, 20181

Recitation in accordance with CPLR 2219 (a) of the papers considered on the notice of petition and petition of Nicholas L. D’Alessandro (hereinafter D’Alessandro or petitioner), filed on May 11, 2017, under motion sequence number one, for an order pursuant to CPLR Article 78: (a) annulling the action of Daniel A. Nigro, as the Fire Commissioner of the City of New York and as Chairman of the Board of Trustees of the New York City Fire Department Article I-B Pension Fund and the Board of Trustees of the New York City Fire Department, Article I-B Pension Fund (hereinafter the City Respondents) denying petitioner a line of duty accident disability retirement (hereinafter ADR); (b) directing the City Respondents to grant petitioner’s application for ADR pursuant to the City of New York Administrative Code §13-353, or, in the alternative; (c) directing the City Respondents by way of remand to review his case based on the law and facts set forth in the verified petition; (d) directing the City Respondents herein to serve and file certain documents pursuant to CPLR 2307.Notice of petitionVerified PetitionExhibits A-SVerified AnswerExhibits 1-26City Respondent’s memorandum of law in opposition to the petitionPetitioner’s reply memorandum of lawDECISION & ORDERBACKGROUND

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