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MATTER OF SCHMITT v. REVIEW COMM.

179 A.D.2d 959 (1992)

In the Matter of Joseph R. Schmitt, Respondent, v. Review Committee (the Copeland Companies), Doing Business as New York State Deferred Compensation Plan, Appellant

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

January 30, 1992

Mercure, J.

Petitioner is employed as a correction officer by the Department of Correctional Services. In 1988, petitioner enrolled in the New York State Deferred Compensation Plan (hereinafter the plan) and signed an agreement authorizing 3% payroll deductions. In August 1990, petitioner requested an emergency withdrawal of $1,154 from the plan in order to pay delinquent Federal income taxes for 1987, 1988 and 1989. In his application, petitioner indicated...

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