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MATTER OF DELL v. REGAN

186 A.D.2d 336 (1992)

In the Matter of Charles R. Dell, Petitioner, v. Edward V. Regan, as New York State Comptroller, Respondent

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

September 24, 1992

Insofar as petitioner's membership in the New York State and Local Employees' Retirement System (hereinafter System) was optional, he could not become a member until he actually filed an application with respondent (see, Retirement and Social Security Law §§ 40, 74; Matter of Klein v Regan, 165 A.D.2d 944). In August 1966, petitioner left his employment with Erie County at the Edward J. Meyer Memorial Hospital and...

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