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MATTER OF FOLTIN v. REGAN

205 A.D.2d 831 (1994)

615 N.Y.S.2d 295

In the Matter of William R. Foltin, Petitioner, v. Edward V. Regan, as New York State Comptroller and Administrative Head of The New York State and Local Employees' Retirement System, et al., Respondents

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

June 2, 1994

To be eligible for the retirement incentive program (L 1990, ch 935), an employee must have been in active service on December 19, 1990. As petitioner failed to meet the statutory definition of active service, respondent Comptroller properly denied petitioner's application for service retirement. Furthermore, petitioner's retroactive reinstatement to the payroll under the circumstances presented in the record did not bring him within the statutory definition of active service...

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