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MATTER OF MOYNIHAN v. NEW YORK STATE EMPLOYEES' RET. SYS.

192 A.D.2d 913 (1993)

596 N.Y.S.2d 570

In the Matter of Arthur W. Moynihan, Appellant, v. New York State Employees' Retirement System et al., Respondents

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

April 22, 1993

Weiss, P. J.

The undisputed facts are that petitioner had been employed by the State from October 2, 1975 and was enrolled in respondent New York State Employees' Retirement System as a tier II member. He was on paid sick leave from August 11, 1978 until November 30, 1978 due to an injury and on December 1, 1978 was placed on sick leave without pay until he was terminated on June 3, 1981. Petitioner's membership in the Retirement System was terminated...

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