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MTR OF WILSON v. LEVITT

97 Misc.2d 82 (1978)

In the Matter of Thomas Wilson, Petitioner, v. Arthur Levitt, as State Comptroller and Administrative Head of the New York State Employees' Retirement System, Respondent.

Supreme Court, Special Term, Orleans County.

September 25, 1978

Attorney(s) appearing for the Case

Raymond Rodriguez for petitioner. Louis J. Lefkowitz, Attorney-General (W. Alexander Melbardis of counsel), for respondent.

AARON E. KLEIN, J.

In this CPLR article 78 proceeding petitioner seeks an adjudication that his ordinary disability benefits application (not job-related), although made more than two years after termination of his employment and which was covered by the New York State Employees' Retirement System, should be approved as timely notwithstanding the provisions of section 62 (subd aa, par 2) of the Retirement and...

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