MATTER OF SCOTT v. McCALL


302 A.D.2d 675 (2003)

754 N.Y.S.2d 468

In the Matter of GERALD J. SCOTT, Petitioner, v. H. CARL McCALL, as Comptroller of the State of New York, et al., Respondents.

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

Decided February 6, 2003.


Peters, J.

Petitioner was provisionally appointed as a Social Welfare Examiner by the Erie County Department of Social Services on July 10, 1972 and held that position until April 30, 1973. He subsequently joined respondent New York State and Local Employees' Retirement System on October 6, 1977.

In February 2000, petitioner applied for reinstatement as a tier I member of the Retirement System pursuant to Retirement and Social Security Law § 645, which...

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