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SCHECHTER v. RET. SYS.

62 A.D.2d 543 (1978)

In the Matter of Isidore Schechter, Petitioner, v. New York State Employees' Retirement System et al., Respondents

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

June 15, 1978

Attorney(s) appearing for the Case

Murray Rudman for petitioner.

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondents.

MAHONEY, P. J., and KANE, J., concur with MIKOLL, J.; STALEY, JR., and LARKIN, JJ., dissent and vote to confirm in an opinion by LARKIN, J.

MIKOLL, J.

Petitioner joined the New York State Employees' Retirement System in 1938. In November, 1974, he applied for retirement, effective January 1, 1975, selecting Option 3, as provided in section 90 of the Retirement and Social Security Law. Petitioner is covered by the retirement plan contained in section 75-h of the Retirement and Social Security Law. In order to determine his retirement allowance under...

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