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ELLENBOGEN v. LEVITT

61 A.D.2d 559 (1978)

In the Matter of Seymour Ellenbogen, Petitioner, v. Arthur Levitt, as Comptroller of The State of New York, and as 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.

March 30, 1978

Attorney(s) appearing for the Case

Francis Bergan for petitioner.

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

GREENBLOTT, STALEY, JR., MIKOLL and HERLIHY, JJ., concur.

MAHONEY, P. J.

On June 8, 1931, petitioner became a member of the New York State Employees' Retirement System, with an age 60 retirement plan. In July, 1957, he elected to become a member of the age 55 retirement plan. On May 7, 1968, petitioner duly executed and acknowledged his election to become a member of the Legislative and Executive Retirement Plan (Retirement and Social Security Law, § 80-a). Thereafter...

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