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MATTER OF ISRALEWITZ v. LEVITT

68 A.D.2d 1007 (1979)

In the Matter of Irwin Isralewitz, Respondent, v. Arthur Levitt, as Comptroller of The State of New York, et al., Appellants

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

March 29, 1979

The dispositive issue upon this appeal is whether or not the following provisions of section 41 of the Retirement and Social Security Law may reasonably be interpreted as requiring a person on leave without pay to return to work prior to retirement in order to claim the benefits of such provisions: "§ 41 Allowances for Service * * * i. Allowances during leaves of absence without pay. 1. Time during which a member is absent on leave without pay: * * * (d) Shall be included...

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