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MATTER OF NEWCOMB v. NEW YORK STATE TEACHERS' RET. SYS.

71 Misc.2d 606 (1972)

In the Matter of Ralph E. Newcomb, Petitioner, v. New York State Teachers' Retirement System et al., Respondents.

Supreme Court, Special Term, Albany County.

October 10, 1972

Attorney(s) appearing for the Case

Sneeringer & Rowley for petitioner. Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz of counsel), for respondents.

JOHN T. CASEY, J.

On July 24, 1940, the petitioner, a teacher in the School District of the City of Rochester, entered the United States Armed Forces. He remained in service continually until November 1, 1962 when he was mandatorily retired on pension. On January 28, 1963 he returned to teaching.

After the absence of 22 years he desired, if possible, to acquire credit in the Teachers' Retirement System and made inquiry of the system as to his...

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