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KUTAS v. NEW YORK STATE EMPLOYEES' RET. SYS.

146 A.D.2d 542 (1989)

Charles Kutas, Appellant, v. New York State Employees' Retirement System, Respondent Charles Kutas, Appellant, v. New York State, Respondent

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

January 26, 1989

The undisputed facts are as follows:

Plaintiff, Charles Kutas, was born on October 23, 1898. On November 18, 1971, at the age of 73, he was hired as a clerk by the New York State Department of Motor Vehicles. Believing that he would not be hired if his true age were known, he misrepresented his age as 57, listing his date of birth as October 23, 1914. Kutas was enrolled as a member of the New York State Employees' Retirement System, effective November 18, 1971, the...

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