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MTR O'MALLEY v. RET.

124 Misc.2d 179 (1984)

In the Matter of Edward O'Malley, Petitioner, v. New York State Employees' Retirement System, Respondent.

Supreme Court, Special Term, Albany County.

May 14, 1984

Attorney(s) appearing for the Case

Kreiger & Graffeo for petitioner. Robert Abrams, Attorney-General (Providence Baker of counsel), for respondent.

CON. G. CHOLAKIS, J.

The petitioner brings this CPLR article 78 proceeding to review a determination of the respondent which rejected the petitioner's claim to increased retirement benefits.

There are no factual issues. The petitioner, it appears, retired from public service on May 7, 1967 with 23 years of service credit. After receiving retirement benefits, the petitioner reentered public service on July 1, 1968, and pursuant to subdivision a...

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