MARGARET AWE, res, v. DIANE DALESSANDRO, AS EXECUTIVE DIRECTOR OF THE NEW YORK CITY EMPLOYEES RETIREMENT SYSTEM ap

MATTER OF MARGARET AWE, res, v. DIANE DALESSANDRO, AS EXECUTIVE DIRECTOR OF THE NEW YORK CITY EMPLOYEES RETIREMENT SYSTEM ap — (INDEX NO. 1054/14)In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Employees' Retirement System, dated December 3, 2013, which declined to recalculate the petitioner's final average salary in connection with her application for pension benefits, Diane D'Alessandro, as Executive Director of the New York City Employees' Retirement System, and the New York City Employees' Retirement System appeal from a judgment of the Supreme Court, Kings County (Saitta, J.), dated August 14, 2015, which granted the petition, annulled the determination, and directed the New York City Employees' Retirement System to recalculate the petitioner's final average salary and pension benefits based upon the combined salaries of her full-time employment by the City of New York and her concurrent part-time employment by the State of New York during the relevant period.

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MATTER OF MARGARET AWE, res, v. DIANE DALESSANDRO, AS EXECUTIVE DIRECTOR OF THE NEW YORK CITY EMPLOYEES RETIREMENT SYSTEM ap — (INDEX NO. 1054/14)In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Employees’ Retirement System, dated December 3, 2013, which declined to recalculate the petitioner’s final average salary in connection with her application for pension benefits, Diane D’Alessandro, as Executive Director of the New York City Employees’ Retirement System, and the New York City Employees’ Retirement System appeal from a judgment of the Supreme Court, Kings County (Saitta, J.), dated August 14, 2015, which granted the petition, annulled the determination, and directed the New York City Employees’ Retirement System to recalculate the petitioner’s final average salary and pension benefits based upon the combined salaries of her full-time employment by the City of New York and her concurrent part-time employment by the State of New York during the relevant period.

ORDERED that the judgment is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits.

MARGARET AWE, res, v. DIANE DALESSANDRO, AS EXECUTIVE DIRECTOR OF THE NEW YORK CITY EMPLOYEES RETIREMENT SYSTEM ap

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