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CLIFFORD v. RET. SYS.

123 A.D.2d 1 (1986)

In the Matter of The Estate of Bernard J. Clifford, Deceased, Appellant, v. New York State Employees Retirement System et al., Respondents

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

December 31, 1986

Attorney(s) appearing for the Case

Louis-Jack Pozner for appellant.

Robert Abrams, Attorney-General (William J. Kogan and Peter H. Schiff of counsel), for respondents.

MAHONEY, P. J., KANE, WEISS and MIKOLL, JJ., concur.

HARVEY, J.

The primary issue on appeal is whether respondent Comptroller erroneously interpreted Retirement and Social Security Law § 90 (bb) (1) as providing him with discretion to extend the retirement option election period beyond 60 days after the effective date of a member's retirement. Bernard J. Clifford, a vested member of respondent State Employees Retirement System (System), filed an application...

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