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MUTTERPERL v. LEVITT

89 Misc.2d 428 (1975)

George Mutterperl, Plaintiff, v. Arthur Levitt, as Comptroller of the State of New York, and as Head of the New York State Employees' Retirement System, Defendant.

Supreme Court, Special Term, Albany County.

May 20, 1975

Attorney(s) appearing for the Case

DeGraff, Foy, Conway & Holt-Harris (Richard L. Burstein of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (John Q. Driscoll of counsel), for defendant.

JAMES GIBSON, J.

Motion for summary judgment in an action for judgment declaratory of plaintiff's rights in respect of his membership in the New York State Employees' Retirement System.

Plaintiff became a member of the system on October 27, 1967, at which time he was a village mayor. Thereafter he applied for and received credit for prior municipal service and for military service. He subsequently left...

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