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IN THE MATTER OF HESSION v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM

24 A.D.3d 1008 (2005)

806 N.Y.S.2d 281

In the Matter Of JACQUALYN M. HESSION, Petitioner, v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

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

December 15, 2005.

KANE, J.

Petitioner was employed as a seasonal employee by the Town of Oyster Bay in Nassau County from May 1973 until July 1973. For seasonal employees, membership in respondent New York State and Local Employees' Retirement System was optional, but the Town never informed her that she was eligible to join. In September 1973, petitioner began employment with Nassau County. In March 1974, she joined the Retirement System as a tier 2 member. Petitioner left her employment...

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