Murphy v. City of New York 35 A.D.3d 319, 827 N.Y.S.2d 46 N.Y.A.D. 1 Dept.,2006. December 28, 2006
Petitioner claimed that he was forced to retire from his position with the New York City Employees’ Retirement System, and asked for a pre-termination hearing on his forced retirement and a post-termination hearing to clear his name. The Court denied the pre-termination hearing holding that Petitioner’s retirement is deemed voluntary so no trial or hearing on the issue was warranted. The Court held for Petitioner on the matter of the name-clearing post-termination hearing. It held that the report prepared Respondents’ Department of Investigation contained inaccuracies that were stigmatizing to Petitioner. The court held that the requirement of loss of employment had been met regardless of whether or not Petitioner was fired or had retired.