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MATTER OF SUSH v. NEW YORK STATE TEACHERS' RETIREMENT SYSTEM

2 A.D.3d 1127 (2003)

768 N.Y.S.2d 697

In the Matter of RICHARD SUSH, Appellant, v. NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, Respondent.

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

December 18, 2003.

Mugglin, J.

Petitioner's employment with Sullivan County Community College ceased on June 6, 2001, the date he turned 55 years of age. With an added statutory benefit, he had 33 years and three months of service. Petitioner asserts that he intended to retire effective June 7, 2001, but he did not file an application for retirement benefits with respondent until January 14, 2002. When respondent fixed the effective date of...

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