| Matter of Godwin v Board of Educ. Retirement Sys. of City of N.Y. |
| 2010 NY Slip Op 05553 [74 AD3d 1196] |
| June 22, 2010 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Ann Godwin, Appellant, v Board of Education Retirement System of City of New York, Respondent. |
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Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers, Ilyse
Sisolak, and Janet L. Zaleon of counsel), for respondent.
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.
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 [2010]). Skelos, J.P., Covello, Hall and Sgroi, JJ., concur.