In the Matter of Joseph D. Scanlan, Respondent,
v.
Buffalo Public School System, Sued Herein as Board of Education of Buffalo, Appellant.
In the Matter of Carol A. Leister, Respondent,
v.
Board of Education of the Brentwood Union Free School District et al., Appellants.
In the Matter of Harriet Kaufman, Respondent,
v.
Board of Education of Jericho Union Free School District et al., Appellants.
In the Matter of Barbara A. Clark et al., Respondents,
v.
Board of Education for the Kingston City School District, Appellant, and New York State Teachers' Retirement System et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 9, 1997
Decided October 23, 1997.
Attorney(s) appearing for the Case
Michael B. Risman, Acting Corporation Counsel of City of Buffalo (Patricia A. Pancoe of counsel), for appellant in the first above-entitled proceeding.
Pheterson & Pheterson, Rochester (Irving Pheterson of counsel), for respondent in the first above-entitled proceeding.
Jay Worona, Albany, and Kate Gaffney for New York State School Boards Association, Inc., amicus curiae in the first above-entitled proceeding.
Bernard T. Callan, Bay Shore, for appellants in the second above-entitled proceeding.
Paul J. Derkasch, Melville, for respondent in the second above-entitled proceeding.
Ingerman Smith, L. L. P., Northport (Christopher Venator of counsel), for appellants in the third above-entitled proceeding.
Richard A. Shane, New York City, James R. Sandner and Melinda G. Gordon for respondent in the third above-entitled proceeding.
Plunkett & Jaffe, P. C., White Plains (Marc E. Sharff and Robert Hermann of counsel), for appellant in the fourth above-entitled proceeding.
Ira Paul Rubtchinsky, Albany, and James R. Sandner for Barbara A. Clark and others, respondents in the fourth above-entitled proceeding.
Janet Axelrod, Albany, and Paul D. Clayton for National Education Association of New York, amicus curiae in the fourth above-entitled proceeding.
Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge WESLEY taking no part.
Court of Appeals of the State of New York.
Chief Judge KAYE.
At issue in these four CPLR article 78 proceedings is whether, pursuant to Retirement and Social Security Law § 803, petitioners are entitled to retroactive membership in the New York State Teachers' Retirement System (TRS), to include periods they spent as part-time or substitute teachers in respondent school districts. We conclude that in each case, petitioner teachers demonstrated...
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