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MATTER OF TOMPKINS v. BD. OF EDUC. OF THE OSSINING UNION FREE SCH. DIST.

245 A.D.2d 522 (1997)

666 N.Y.S.2d 37

In the Matter of Elaine S. Tompkins, Respondent, v. Board of Education of the Ossining Union Free School District, Appellant

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

December 22, 1997

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.

We disagree with the Supreme Court's conclusion that the denial of the petitioner's application for retroactive membership in the New York State Teachers' Retirement System was arbitrary, capricious, and without a rational basis (see, Retirement and Social Security Law § 803; ...

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