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MATTER OF SCHEURER v. NEW YORK CITY EMPLOYEES' RET. SYS.

223 A.D.2d 379 (1996)

636 N.Y.S.2d 291

In the Matter of William H. Scheurer, Appellant, v. New York City Employees' Retirement System et al., Respondents

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

January 9, 1996

The IAS Court properly found respondents' determination that petitioner, a Hearing Examiner in the Parking Violations Bureau (PVB), is not eligible for membership in the New York City Employees' Retirement System (NYCERS) was neither arbitrary and capricious nor irrational. Vehicle and Traffic Law § 236 (2) (d) provides, in pertinent part, that "[s]uch hearing examiners shall not be considered employees of the city in which the administrative tribunal has been established...

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