MATTER OF HUGHES v. McCALL


245 A.D.2d 904 (1997)

666 N.Y.S.2d 847

In the Matter of Patrick J. Hughes, Petitioner, v. H. Carl McCall, as State Comptroller and Administrator of The New York State Police and Fire Retirement System, Respondent

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

December 24, 1997


Mikoll, J. P.

Petitioner, a firefighter employed by the City of Troy in Rensselaer County from January 24, 1973 until July 30, 1994, sought to have certain overtime salary paid to him during his final two years of employment included in his salary base for the computation of his retirement benefits. The New York State and Local Police and Fire Retirement System concluded that the subject salary was earned as the result of petitioner's filing of an "Intent...

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