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DEMEURERS v. NY RET.

243 A.D.2d 54 (1998)

672 N.Y.S.2d 474

In the Matter of Donald A. deMeurers, Appellant, v. New York State and Local Employees' Retirement System et al., Respondents

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

April 30, 1998

Attorney(s) appearing for the Case

Failmezger & Liegel, Syracuse (Robert C. Failmezger of counsel), for appellant.

Dennis C. Vacco, Attorney-General, Albany (Gina M. Ciccone of counsel), for New York State and Local Employees' Retirement System and another, respondents.

O'Hara & O'Connell, P. C., Syracuse (James P. Evans of counsel), for East Syracuse-Minoa Central School System, respondent.

CARDONA, P. J., CREW III, YESAWICH JR. and PETERS, JJ., concur.

MIKOLL, J.

The principal question raised on this appeal is whether service and filing of a notice of claim upon a school district is a condition precedent to a CPLR article 78 proceeding challenging the denial by respondent Comptroller of petitioner's application for retroactive retirement benefits under Retirement and Social Security Law § 803.

Petitioner...

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