1, 1953, until August 2, 1974, a period of 21 years and 2 months. At the time of his retirement, Falardo was eligible for both a “for service” retirement (“Service Retirement”), which requires 20 years of service, and an ordinary disability retirement (“Disability Retirement”). Only retirees who satisfy the Service Retirement prerequisites are eligible to receive benefits from the VSF. See N.Y.C. Admin. Code (“Code”) § 13-271(a)(8). Falardo alleges that the Police Pension Board and his Police Benevolent Association (“PBA”) representative failed to inform him 707 N.E.2d 444 (N.Y.1998), cert. denied, 526 U.S. 1131, 119 S.Ct. 1804, 143 L.Ed.2d 1008 (1999); Bergamine v. Patrolmen’s Benevolent Ass’n of the City of New York, Inc., 202 A.D.2d 201, 608 N.Y.S.2d 431 (App. Div. 1st Dep’t 1994) (<HOLDING>), appeal denied, 83 N.Y.2d 758, 615 N.Y.S.2d
holding that state law fraud claims are preempted by the federal labor law duty of fair representation holding that unions interpretation of a contractual provision necessarily favorfing some workers over others did not violate the duty of fair representation holding that sixmonth duty of fair representation statute of limitations applicable to claim alleging breach of union contract holding that the pba did not violate its duty of fair representation by not taking steps to insure plaintiffs would receive vsf benefits holding intentional conduct without rational basis is arbitrary breach of duty of fair representation