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GUIDO v. TEACHERS' RETIREMENT

94 N.Y.2d 64 (1999)

721 N.E.2d 947

699 N.Y.S.2d 697

In the Matter of VINCENT J. GUIDO, JR., Appellant, v. NEW YORK STATE TEACHERS' RETIREMENT SYSTEM et al., Respondents.

Court of Appeals of the State of New York.

Decided October 21, 1999.

Attorney(s) appearing for the Case

Hamburger, Maxson & Yaffe, L. L. P., Melville (Richard Hamburger, Lane T. Maxson, David N. Yaffe and David H. Pearl of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Francis V. Dow, Preeta D. Bansal and Peter H. Schiff of counsel), for respondents.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

CIPARICK, J.

The dispute in this case arises out of an attempt by petitioner, one year before his retirement, to combine prior service in the New York State and Local Employees' Retirement System (NYSLERS) with 31 years of current service in the State Teachers' Retirement System (TRS), and thus receive greater pension benefits for the combined period. Relying on Retirement and Social Security...

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