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HOLBROOK v. NYS RET.

79 A.D.2d 63 (1981)

In the Matter of John Holbrook, Appellant, v. New York State Employees' Retirement System et al., Respondents

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

February 12, 1981

Attorney(s) appearing for the Case

John Holbrook, appellant pro se.

Robert Abrams, Attorney-General (John Q. Driscoll, William J. Kogan and Shirley Adelson Siegel of counsel), for respondents.

MAHONEY, P. J., KANE, WEISS and HERLIHY, JJ., concur.

SWEENEY, J.

This is a CPLR article 78 proceeding brought by petitioner to vacate a determination of respondent New York State Employees' Retirement System, which concluded that petitioner was subject to mandatory retirement at age 70. The facts are not in dispute and the issue presented appears to be one of first impression.

Petitioner reached age 70 on June 10, 1980. He is a disabled veteran of the United...

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