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MATTER OF MURRAY v. LEVITT

74 Misc.2d 999 (1973)

In the Matter of Irene G. Murray, Petitioner, v. Arthur Levitt, Comptroller of the State of New York, as Head of the New York State Employees' Retirement System, Respondent.

Supreme Court, Special Term, Albany County.

August 6, 1973

Attorney(s) appearing for the Case

DeGraff, Foy, Conway & Holt-Harris (James W. Roemer, Jr., of counsel), for petitioner. Louis J. Lefkowitz, Attorney-General (Jack W. Hoffman and Lawrence L. Doolittle of counsel), for respondent.

HAROLD E. KOREMAN, J.

Petitioner seeks an order pursuant to subdivision 3 of CPLR 7803 declaring that section 90 of the General Municipal Law does not require a preauthorized plan to validly compensate her for overtime work allegedly performed. Following a hearing, respondent disapproved petitioner's application for recalculation of her retirement benefit on the ground that a lump-sum award of $16,055 granted to her by her employer, Board of the School...

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