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MTR. OF SIMONDS v. TEACHERS' RET.

42 A.D.2d 470 (1973)

In the Matter of Harold Simonds, Appellant, v. New York State Teachers' Retirement System et al., Respondents

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

November 8, 1973.

Attorney(s) appearing for the Case

Sneeringer & Rowley, P. C. (Richard R. Rowley of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for respondents.

HERLIHY, P. J., STALEY, JR., COOKE and KANE, JJ., concur.

MAIN, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered October 20, 1972 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to compel the respondents to include a 12% salary increase received in his final year of service in the computation of petitioner's final average salary for the purpose of determining his retirement allowance...

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