IN THE MATTER OF BARKSDALE v. DINAPOLI


57 A.D.3d 1201 (2008)

870 N.Y.S.2d 136

In the Matter of LARRY BARKSDALE, Petitioner, v. THOMAS P. DINAPOLI, as State Comptroller, Respondent.

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

December 18, 2008.


SPAIN, J.

Petitioner's application for performance of duty disability retirement benefits was granted with an effective retirement date of April 30, 2005. Thereafter, on May 2, 2005, petitioner filed a notarized request seeking to withdraw from the optional 20-year retirement plan contained in Retirement and Social Security Law § 384-d—a plan that he elected to participate in when he first joined the New York State and Local Retirement System. Although...

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