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DEPUTY SHERIFF v. REGAN

106 Misc.2d 258 (1980)

Deputy Sheriff's Benevolent Association of Onondaga County, Inc., et al., Petitioners, v. Edward V. Regan, as Comptroller of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

August 13, 1980

Attorney(s) appearing for the Case

Blitman & King for petitioners. Robert Abrams, Attorney-General (Lance Russell of counsel), for Edward V. Regan and another, respondents. Robert J. Rossi, County Attorney (D. Jeffrey Gosch of counsel), for John C. Dillon, as Sheriff of the County of Onondaga, and another, respondents.

LEONARD A. WEISS, J.

This CPLR article 78 proceeding presents this court with a single legal issue which can be stated as follows: Does section 89-a of the Retirement and Social Security Law give the Comptroller of New York State acting through the Director of Retirement Benefits for the New York State Employees' Retirement System legal authority to require a county Sheriff to force the retirement of Deputy...

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