Ordered that the judgment is reversed, with costs, the cross motion is denied, the petition is granted, the respondent's determination is annulled, and the matter is remitted to the Board of Education of the Yonkers City School District to file an affidavit pursuant to Retirement and Social Security Law § 803 (b) (3) stating that the petitioner is eligible for retroactive membership in the New York State Teachers' Retirement System.
The petitioner asserted that...
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