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MATTER OF KELLEY v. COMPTROLLER OF THE STATE OF NEW YORK

249 A.D.2d 751 (1998)

671 N.Y.S.2d 808

In the Matter of I. Jackie Kelley, Petitioner, v. Comptroller of the State of New York et al., Respondents

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

April 16, 1998

White, J.

On April 12, 1973, respondent Shenendehowa Central School District (hereinafter the District) appointed petitioner to the full-time position of teacher aide. Although eligible to join respondent New York State and Local Employees' Retirement System, petitioner did not do so until 1974. In February 1994, petitioner, pursuant to Retirement and Social Security Law § 803 (b) (1), filed an application with the Retirement System for retroactive...

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