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13-4730 - King v. New York City Employees Retirement System


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13-4730 - King v. New York City Employees Retirement System
August 7, 2015
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MEMORANDUM, ORDER & JUDGMENT. Judgment is granted for plaintiff. NYCERS is directed to compute the amount plaintiff would have received under Tier 1 and deduct the amount he actually received. Plaintiff is entitled to this amount as damages. The parties have not briefed the issue of the amount of interest due. Interest is due under N.Y. CPLR section 5001(b). The matter of interest is respectfully referred to the magistrate judge for computation. Plaintiff is not entitled to any other damages. Costs and disbursements granted to plaintiff. Ordered by Judge Jack B. Weinstein on 8/4/2015. (Barrett, C)
August 10, 2015
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AMENDED MEMORANDUM, ORDER & JUDGMENT. Judgment is granted for plaintiff. NYCERS is directed to compute the amount plaintiff would have received under Tier 1 and deduct the amount he actually received. Plaintiff is entitled to this amount as damages. The parties have not briefed the issue of the amount of interest due. Interest is due under N.Y. CPLR section 5001 (b). The matter of interest is respectfully referred to the magistrate judge for computation. Plaintiff is not entitled to any other damages. Costs and disbursements granted to plaintiff. Ordered by Judge Jack B. Weinstein on 8/10/2015. (Barrett, C)
July 25, 2016
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the issue of attorneys fees is respectfully referred to the magistrate judge to decide. The case is closed administratively. Ordered by Judge Jack B. Weinstein on 7/25/2016. (Barrett, C) (Main Document 63 replaced on 7/26/2016) (Barrett, C). AMENDED MEMORANDUM, ORDER & JUDGMENT. The parties have settled the action. By stipulation, the case was settled on the state contract claim under supplemental jurisdiction (28 U.S.C ยง 1367) rather than on the federal due process claim. New York's constitutional and statutory patterns make the benefit application contractual rather than constitutional for purposes of this decision. Under the due process claim, plaintiff might be entitled to pain and suffering and other damages greatly exceeding his contract damages. To allow such damages, in addition to the loss of income under the contract claim, would unduly burden the city pension system. The matter of interest was decided by stipulation. By stipulation of the parties,
April 5, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION re 65 First MOTION for Attorney Fees filed by David King. As stated on record at the hearing held on April 3, 2017, defendant's objections to the magistrate judge's report and recommendation dated January 12, 2017 are denied. The magistrate judge's recommendation that plaintiff be awarded $194,794 in attorney's fees - $138,500 awarded to Mr. Pauk and $56,294 awarded to Brooklyn Legal Services - is affirmed. The clerk is ordered to enter judgment accordingly. Ordered by Judge Jack B. Weinstein on 4/3/2017. (Barrett, C)