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MATTER OF KLEIN v. REGAN

165 A.D.2d 944 (1990)

In the Matter of Louis M. Klein, Petitioner, v. Edward V. Regan, as Comptroller of The State of New York, Respondent

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

September 20, 1990

Harvey, J.

In November 1971, petitioner was elected to the Ulster County Legislature as a representative of the Towns of Esopus and Rosendale. Since elected officials are in an exempt class for purposes of membership in the New York State Employees' Retirement System (hereinafter the System), petitioner was not automatically enrolled in the System at that time and would have had to formally file an application before he could become a member. Petitioner...

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