MATTER OF McKAY v. LEVITT


69 A.D.2d 921 (1979)

In the Matter of Terry T. McKay, 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.

April 5, 1979


The petitioner commenced this proceeding to review a determination of the appellant State Comptroller which held that the effective date of his "ordinary" disability retirement was the date of his application for such retirement. Petitioner contends that it should be retroactive to the date that he previously filed for "accidental" disability retirement benefits and Special Term has agreed. Pursuant to subdivision d of section 362 of the Retirement and Social Security Law...

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