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

106 A.D.2d 836 (1984)

In the Matter of Austin W. Erwin, Appellant, v. New York State Employees' Retirement System, Respondent

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

December 27, 1984

In June, 1981, after a hearing, the Comptroller rendered a decision denying petitioner additional public service retirement credit for services the latter rendered to the Town of Geneseo in Livingston County from 1955 to 1962. Petitioner then commenced a CPLR article 78 proceeding challenging, as arbitrary and capricious, the Comptroller's determination that petitioner was an independent contractor during the years in question. This court, in a split decision (Matter of...

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