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MATTER OF KIVO v. LEVITT

50 N.Y.2d 1017 (1980)

In the Matter of Sadie Kivo, Appellant, v. Arthur Levitt, as Administrator of the New York State Employees' Retirement System and Comptroller of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 1, 1980.

Attorney(s) appearing for the Case

Beverly Gross and Steven C. Decosta for appellant.

Robert Abrams, Attorney-General (William J. Kogan and Shirley Adelson Siegel of counsel), for respondent.

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

MEMORANDUM.

The judgment appealed from should be affirmed, with costs, essentially for the reasons stated in the opinion by Mr. Justice STALEY at the Appellate Division.

We agree with the court below that respondent's interpretation of section 2 (subd 2, par a) of the Retirement and Social Security Law as excluding deferred pay increases not yet paid to the retiree from the wage base for computation of pension benefits...

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