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GRELLA v. HEVESI

10 Misc.3d 519 (2005)

803 N.Y.S.2d 394

PHILIP M. GRELLA, Petitioner, v. ALAN G. HEVESI, as State Comptroller and as Administrator of the New York State and Local Employees' Retirement System, Respondent.

Supreme Court, Albany County.

September 22, 2005.

Attorney(s) appearing for the Case

Powers & Santola, LLP, Albany, for petitioner.

Eliot Spitzer, Attorney General, Albany (Megan M. Brown of counsel), for respondent.

OPINION OF THE COURT

GEORGE B. CERESIA, JR., J.

The petitioner is currently a Judge of the New York State Court of Claims, having been appointed by Governor Pataki and confirmed by the New York State Senate, effective June 30, 2003. Petitioner's appointment to the Court of Claims was pursuant to Court of Claims Act § 2(2) (b). As a "paragraph (2) (b)" judge, petitioner was assigned to sit as an acting New York State Supreme Court Justice. In that capacity...

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