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MATTER OF VAN ANTWERP v. BD. OF EDUC. FOR THE LIVERPOOL CENT. SCH. DIST.

247 A.D.2d 676 (1998)

668 N.Y.S.2d 737

In the Matter of Margaret W. Van Antwerp, Appellant, v. Board of Education for the Liverpool Central School District et al., Respondents

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

February 5, 1998

Mercure, J.

In this CPLR article 78 proceeding, the only issue that we need consider is whether the determination of respondent Board of Education for the Liverpool Central School District (hereinafter respondent) denying petitioner's request for retroactive membership in respondent New York State Teachers' Retirement System (hereinafter TRS) pursuant to Retirement and Social Security Law § 803 is arbitrary and capricious.

It is undisputed...

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