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MATTER OF PLANCK v. NISKAYUNA SCH. DIST.

245 A.D.2d 735 (1997)

666 N.Y.S.2d 740

In the Matter of Barbara A. Planck, Appellant, v. Niskayuna School District et al., Respondents

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

December 11, 1997

White, J.

At issue in this appeal is whether respondent's denial of petitioner's application, pursuant to Retirement and Social Security Law § 803, seeking retroactive membership in respondent New York State Teachers' Retirement System (hereinafter the TRS) was arbitrary and capricious. We agree with Supreme Court that it was not and, accordingly, affirm.

From 1962 until December 1966, petitioner...

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