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MATTER OF NICIT v. REGAN

199 A.D.2d 606 (1993)

604 N.Y.S.2d 351

In the Matter of John J. Nicit, Appellant, v. Edward V. Regan, as New York State Comptroller, Respondent

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

December 2, 1993

White, J.

Petitioner, as a member of the New York State and Local Employees' Retirement System, became eligible to receive a pension on July 1, 1979. The effective date of his retirement, however, was deemed by respondent to be April 17, 1991, due to the fact that petitioner's service retirement application was not filed until March 18, 1991. Petitioner claimed that the effective date of his retirement should...

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