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MATTER OF DEEM v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM

44 A.D.3d 1235 (2007)

843 N.Y.S.2d 869

In the Matter of MICHAEL A. DEEM, Appellant-Respondent, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEM, Respondent, and WESTCHESTER COUNTY DEPARTMENT OF HUMAN RESOURCES, Respondent-Appellant.

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

Decided October 25, 2007.

Carpinello, J.

In January 2004, petitioner, an assistant county attorney in the City of White Plains, Westchester County, was ordered to active military duty in his capacity as a United States Marine Corps reservist. He served until January 19, 2005 and returned to work on April 4, 2005. He thereafter commenced this proceeding pursuant to CPLR article 78 claiming that he was denied retirement service credit for all time served while on active duty and further claiming...

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