No. 891, Docket 88-7856.

878 F.2d 47 (1989)

Indumati ROY, Plaintiff-Appellant, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION and College Retirement Equities Fund, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 14, 1989.

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.

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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