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CASTALDI v. LEVITT

56 N.Y.2d 659 (1982)

Michael A. Castaldi, Respondent, v. Arthur Levitt, as Trustee of the New York State Employees' Retirement System, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 4, 1982.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert S. Hammer and Shirley Adelson Siegel of counsel), for appellant.

Michael A. Castaldi, pro se, and Nathan R. Sobel for Michael A. Castaldi, respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Judge GABRIELLI taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and appellant's motion for summary judgment dismissing the complaint granted.

Plaintiff is not entitled to credit under the New York State Employees' Retirement System for the 8.96 years of service while he was an employee under the New York City Employees' Retirement System. When plaintiff transferred from the city system to the State...

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