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MATTER OF SERIO v. BOARD OF EDUCATION OF VALLEY STREAM UNION FREE SCHOOL DISTRICT NO. 13

269 A.D.2d 532 (2000)

703 N.Y.S.2d 232

In the Matter of PATRICIA SERIO, Appellant, v. BOARD OF EDUCATION OF VALLEY STREAM UNION FREE SCHOOL DISTRICT NO. 13 et al., Respondents.

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

Decided February 22, 2000.

Ordered that the judgment is reversed, on the law, with costs, the petition is granted, the respondents' determination is annulled, and the matter is remitted to the Board of Education of Valley Stream Union Free School District No. 13 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.

Contrary to the Supreme Court...

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