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SELKIN v. REGAN

120 A.D.2d 204 (1986)

In the Matter of Irving N. Selkin, Petitioner, v. Edward V. Regan, as Comptroller of The State of New York and Administrator of The New York State Employees' Retirement System, Respondent

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

November 20, 1986

Attorney(s) appearing for the Case

Irving N. Selkin, petitioner pro se.

Robert Abrams, Attorney-General (Frank K. Walsh and William J. Kogan of counsel), for respondent.

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

HARVEY, J.

This proceeding involves a dispute as to the correct method for calculating petitioner's retirement benefits. The specific issue on appeal is whether lag pay received by petitioner on June 30, 1986, but earned more than three years earlier, should be included in computing his final average salary. Final average salary, which is used to compute a retiree's pension benefits, is calculated by taking...

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