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HESSEL v. N Y C EMPLOYEES' RET.

33 N.Y.2d 381 (1974)

In the Matter of Paul W. Hessel, Appellant, v. New York City Employees' Retirement System, Respondent.

Court of Appeals of the State of New York.

Decided February 20, 1974.

Attorney(s) appearing for the Case

Julius Venner and Paul W. Hessel, pro se, for appellant.

Norman Redlich, Corporation Counsel (Jesse J. Fine and Stanley Buchsbaum of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, RABIN and STEVENS concur.

GABRIELLI, J.

We are asked to determine whether lump-sum payments made to a retired employee of the New York City Housing Authority, representing accrued annual leave and retirement terminal leave are to be included in the computation of retirement benefits under the formula established by the Administrative Code which uses as its salary base the annual salary or compensation earnable (by an employee) in either...

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