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MATTER OF OVERTON v. NEW YORK STATE POLICE AND FIRE RETIREMENT SYSTEM

294 A.D.2d 701 (2002)

741 N.Y.S.2d 616

In the Matter of WILLIAM OVERTON, Appellant, v. NEW YORK STATE POLICE AND FIRE RETIREMENT SYSTEM et al., Respondents.

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

Decided May 9, 2002.

Lahtinen, J.

Petitioner, a police officer employed by respondent Village of Westhampton Beach in Suffolk County for over 30 years, was enrolled in a 20-year retirement plan pursuant to Retirement and Social Security Law § 384-d (n), requiring mandatory separation from service at age 55. Prior to his 55th birthday, petitioner withdrew from that retirement plan and enrolled in another retirement plan with a mandatory retirement age of 70 (see, Retirement...

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