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IN THE MATTER OF COOPER v. NEW YORK STATE TEACHERS' RETIREMENT SYSTEM

19 A.D.3d 724 (2005)

795 N.Y.S.2d 802

In the Matter of SAMUEL L. COOPER, Respondent-Appellant, v. NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, Appellant-Respondent.

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

June 2, 2005.

Carpinello, J.

Petitioner, a retired public school administrator, challenges respondent's calculation of his retirement benefit. Because of the date on which he joined respondent, petitioner was entitled to have his retirement benefit calculated by using two alternate methodologies—one based on a three-year final average salary and one based on a five-year final average salary—with his final benefit being based on the higher of the two (see Education...

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