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SMITH v. RET. SYS.

99 A.D.2d 302 (1984)

In the Matter of Irving Smith, Respondent, v. New York City Employees' Retirement System, Respondent, and New York State Employees' Retirement System, Appellant

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

March 1, 1984

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Alan W. Rubenstein and William J. Kogan of counsel), for appellant.

Siller & Galian (Sidney Siller of counsel), for Irving Smith, respondent.

MAIN, J. P., CASEY, MIKOLL and YESAWICH, JR., JJ., concur.

LEVINE, J.

Petitioner served as a Judge of the Civil Court of the City of New York from January 1, 1963 until his mandatory retirement at age 70 on December 31, 1979. Effective April 1, 1977, the State took over the expenses and operation of the court system, including that of the Civil Court of the City of New York, and the Judges of that court became State employees (Judiciary Law, § 39, subd 6; L 1976...

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