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IN THE MATTER OF ACCURSO v. BOARD OF ADMINISTRATION

18 A.D.3d 653 (2005)

795 N.Y.S.2d 331

In the Matter of VINCENT ACCURSO et al., Appellants, v. BOARD OF ADMINISTRATION OF MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY PENSION PLAN, Respondent.

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

May 16, 2005.

Contrary to the petitioners' contention, the determination of the Board of Administration of the Manhattan and Bronx Surface Transit Operating Authority Pension Plan, denying their applications for reinstatement to Tier I membership in the New York City Employees Retirement System, by not affording them service credit for prior employment with a different public employer, was not arbitrary or capricious (see Matter of Pell v...

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