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MATTER OF SEYLER v. REGAN

81 A.D.2d 736 (1981)

In the Matter of Frank H. Seyler, Appellant, v. Edward V. Regan, as Comptroller of The State of New York, et al., Respondents

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

April 30, 1981

The issue before us is whether the petitioner should have his retirement benefits calculated pursuant to section 387-a or 375-i of the Retirement and Social Security Law. The Comptroller held that petitioner's retirement must be calculated pursuant to section 387-a of the statute and Special Term concurred with such finding. The facts underlying this dispute are uncontested. The petitioner was a member of the Town of Babylon Police Department since January 16, 1950 and as...

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