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MATTER OF BARBIERO v. NEW YORK STATE EMPLOYEES' RET. SYS.

92 A.D.2d 1078 (1983)

In the Matter of Anthony V. Barbiero, Petitioner, v. New York State Employees' Retirement System, Respondent

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

March 31, 1983

Since January, 1972, petitioner has served as attorney for the Elmont Fire District, a part-time position. Following a hearing, the Comptroller concluded that petitioner's duties for the district were those of an independent contractor rather than an employee; therefore, he was not entitled to the service credit sought (see Matter of Sitrin v Regan, 90 A.D.2d 583; Matter of Hartmann v Tremaine, 250 App Div 188). As there is...

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