Attorney(s) appearing for the Case
Edgar Pauk, New York City (Legal Services for the Elderly, New York City, of counsel), for plaintiff-appellant.
Albert J. Millus, Jr., Binghamton, N.Y. (Hinman, Howard & Kattell, Binghamton, N.Y., Margaret Byrne, TIAA/CREF, New York City, of counsel), for defendants-appellees.
Before PIERCE and ALTIMARI, Circuit Judges, and KELLEHER, District Judge.
United States Court of Appeals, Second Circuit.
ALTIMARI, Circuit Judge:
In this case, we examine the applicability of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. ("ERISA") to the New York State University Optional Retirement Program, N.Y.Educ.Law §§ 390-397 (McKinney 1988) ("Optional Retirement Program"). Plaintiff-appellant Indumati Roy filed a complaint in the United States District Court for the Northern District of New York (McAvoy, J.) attempting to...
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