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Dukes v. NYCERS (New York City Employees' Retirement System)

Issues Exist if Diversity Jurisdiction Exists, if Court has Jurisdiction Under ATSSSA

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MEMORANDUM OPINION & ORDER

*1 The plaintiff Cheryl Dukes, appearing pro se, filed this action on behalf of her deceased husband, Ralph Dukes. The plaintiff alleges that her husband, who worked as a motor vehicle operator for Kings County Hospital, sought to apply for line-of-duty and accidental-death benefits under the World Trade Center Disability filing program. (Compl. at 19.) The plaintiff alleges that her husband retired in 2002 and subsequently died on September 20, 2007. She asserts that he died in the line of duty and that the defendants wrongfully denied him line-of-duty status and accidental-death benefits. The plaintiff brought this action seeking to receive the benefits that she alleges were wrongfully denied to her husband.I.The Court must dismiss an in forma pauperis complaint, or portion thereof, that is frivolous or malicious, fails to state a

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