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MATTER OF BOOKHOUT v. LEVITT

43 N.Y.2d 612 (1978)

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

Court of Appeals of the State of New York.

Decided February 16, 1978.

Attorney(s) appearing for the Case

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

Robert E. Biggerstaff and Earl H. Gallup, Jr., for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

At stake here is the right of petitioners, retired elected public officials of Otsego County who headed their divers offices, to receive additional service credit for accumulated unused sick leave at the time of retirement included in the calculation of their respective retirement allowances.

Petitioner Bookhout served as Surrogate from 1958 until his retirement on December 31, 1974; petitioner...

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