In the Matter of the Application of Nicholas L. D'Alessandro, Petitioner
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, Respondents.
Attorney for Petitioner Jeffrey L. Goldberg, P.C.
Attorney for Respondents Zachary W. Carter Corporation
Counsel of the City of New York Of Counsel: Mary
FRANCOIS A. RIVERA, J.
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.
Respondent's memorandum of law in opposition to the
reply memorandum of law
11, 2017, D'Alessandro commenced this Article 78
proceeding by filing a notice of petition and verified
petition (hereinafter the commencement papers) with the Kings
County Clerk's office. The verified petition contains
twenty eight allegations of fact and nineteen annexed
exhibits labeled A through S. By verified answer dated
October 5, 2017, the City Respondent's joined issue. The
City Respondent's verified answer contains ninety
allegations of fact, two affirmative defenses and twenty six
annexed exhibits labeled 1 through 26.
verified petition seeks, among other things, to vacate and
reverse a decision by the City Respondents to deny
petitioner's application for ADR benefits. The following
allegation s of fact are alleged in the verified petition.
The respondent Daniel A. Nigro is at all times the Fire
Commissioner of the New York City Fire Department and the
Chairman of the Board of Trustees of its Article I-B ...