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Brooklyn appellate panel upholds woman’s right to deceased firefighter’s pension benefits after 15-year struggle; Milbank associate Tom Quinn’s second pro bono appellate win
NEW YORK, September 8, 2016 – In a noteworthy ruling on the New York Administrative Code, an appellate panel of the New York Supreme Court agreed with the argument of Milbank Litigation associate Thomas Quinn ‘14 that the New York City Fire Department Pension Fund had unfairly attempted to deny pension benefits to the widow of a firefighter who perished on September 11, 2001.
The ruling, announced on August 31, upheld a 2014 decision by the Brooklyn Supreme Court.
Milbank Litigation & Arbitration partner Robert Hora was lead counsel on the case and Mr. Quinn assisted with briefing the appellate panel and conducted oral arguments. It marks the second appellate victory for Mr. Quinn on behalf of a pro bono client.
Mr. Quinn’s client separated from her husband about six months before he was killed responding to the terror attacks at the World Trade Center. When she inquired of the FDNY Pension Fund about receiving the pension benefits to which her husband was entitled, she discovered that he had obtained a default judgment of divorce without notice to her before he died. As a result, the Fund claimed in litigation that their children could receive benefits, until the age of 18, but she could not.
In ensuing years she successfully pursued having the divorce judgment vacated, restoring her legal status as the surviving spouse. When her youngest child turned 18 she requested that her husband’s benefits be paid to her, but the Pension Fund responded that benefits were awarded to children or spouses, but not both. In Milbank’s initial success at the Brooklyn Supreme Court, a judge called the Fund’s position “arbitrary,” “capricious,” and “irrational,” and ruled for the client.
Mr. Quinn took the pension fund case over from a former Milbank associate to oppose the Fund’s appeal. Last year, he argued and won another appeal before the Appellate Division – First Department. He argued a third pro bono appeal before the Appellate Term – Second Department for a client who Mr. Quinn believes was illegally arrested and searched by police. That case is awaiting a decision.
“Pro bono work is a meaningful and practical way to get valuable, hands-on experience in preparing and arguing cases,” Mr. Quinn said. “My colleagues and support staff at Milbank were incredibly supportive and helpful in helping me research and plan my argument before the appeals panel. I was able to build on their input and experience to a successful outcome.”
Of the Pension Fund case, Mr. Hora noted, “This was an important litigation that helped clarify a section of the New York Administrative Code regarding spousal and survivor benefits. That Milbank prevailed at both the lower-court and appellate levels demonstrates the strength of our case and the degree of care and preparation by our team and especially Tom Quinn.”
Mr. Quinn added, “We’re marking the 15th anniversary of the 9/11 attacks, which shows how long our client has been trying to resolve the issue of her surviving spouse pension benefits. Suffice it to say that she was extremely happy at the panel’s decision. This was a very gratifying case to prepare and see through.”
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