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MATTER OF WELLS v. STATE RET. SYS.

285 A.D. 51 (1954)

In the Matter of John H. Wells, Petitioner, v. New York State Employees' Retirement System et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 24, 1954.

Attorney(s) appearing for the Case

John T. DeGraff and John H. Wells, in person, for petitioner.

Nathaniel L. Goldstein, Attorney-General (George H. Rothlauf and Wendell P. Brown of counsel), for respondents.

BERGAN, J. P., COON, HALPERN and IMRIE, JJ., concur.

ZELLER, J.

On December 27, 1951, the petitioner, John H. Wells, applied to the Retirement System, pursuant to section 77 of the Civil Service Law, for a discontinued service retirement allowance effective January 1, 1952. The petitioner had been the City Judge of Ogdensburg since January 1, 1932, but was defeated for re-election on November 6, 1951. He was a member of the New York State Employees' Retirement System...

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