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MTR OF BOOKHOUT v. LEVITT

54 A.D.2d 477 (1976)

In the Matter of Richard J. Bookhout et al., Petitioners, v. Arthur Levitt, as Comptroller of The State of New York and Administrative Head of The New York State Employees' Retirement System, Respondent

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

December 9, 1976

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P.C. (Earl H. Gallup, Jr., of counsel), for petitioners.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Ruth Kessler Toch of counsel), for respondent.

KOREMAN, P. J., GREENBLOTT, SWEENEY and MAHONEY, JJ., concur.

LARKIN, J.

The petitioners, all members of the New York State Employees' Retirement System, are retired elected public officials of Otsego County. They include former Surrogate's Court, County Court and Family Court Judges, a former County Treasurer and a former County Clerk. In each instance the respondent Comptroller has determined, pursuant to the procedures of section 74 of the Retirement and Social...

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