MATTER OF LECCI v. LEVITT


71 Misc.2d 1091 (1972)

In the Matter of Edward Lecci, Individually and for Others Similarly Situated, Petitioner, v. Arthur Levitt, as Comptroller of the State of New York and Administrator of the New York State Policemen's and Firemen's Retirement System, Respondent.

Supreme Court, Special Term, Albany County.

July 25, 1972


Attorney(s) appearing for the Case

Richard Hartman for petitioner. Louis J. Lefkowitz, Attorney-General (John Q. Driscoll of counsel), for respondent.


JOHN T. CASEY, J.

This is an article 78 proceeding in the nature of mandamus. Petitioner seeks a judgment directing the respondent to recalculate his "final average salary" under section 302 (subd. 9, par. b) of the Retirement and Social Security Law.

Petitioner was a member in good standing of the Nassau County Police Department for approximately 21 years until his retirement on January 2, 1971. On...

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