GRELLA v. HEVESI


38 A.D.3d 113 (2007)

827 N.Y.S.2d 756

In the Matter of PHILIP M. GRELLA, Appellant, v. ALAN G. HEVESI, as State Comptroller, Respondent.

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

January 11, 2007.


Attorney(s) appearing for the Case

Powers & Santola, L.L.P., Albany (Michael J. Hutter of counsel), for appellant.

Andrew M. Cuomo, Attorney General, Albany (William E. Storrs of counsel), for respondent.

MERCURE, J.P., CREW III, PETERS and CARPINELLO, JJ., concur.


OPINION OF THE COURT

SPAIN, J.

The narrow issue presented by this appeal is whether a public employment retiree who is appointed to be a Judge of the Court of Claims and then temporarily assigned to the Supreme Court qualifies for the "elective public office" statutory exception (Civil Service Law § 150), an exception to the general rule that pension benefits are suspended when such a retiree returns to work in the public sector (see Retirement...

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