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DiNAPOLI v. TOWN OF NEW SCOTLAND

512442.

90 A.D.3d 1401 (2011)

935 N.Y.S.2d 362

2011 NY Slip Op 9247

THOMAS P. DiNAPOLI, as Comptroller of the State of New York, Respondent, v. TOWN OF NEW SCOTLAND, Appellant.

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

Decided December 22, 2011.

STEIN, J.

Defendant is a participating employer in the New York State and Local Retirement System. In May 2006, Walter Myers, an employee of defendant, applied for service retirement benefits from the Retirement System. In the process of reviewing Myers' application, the Retirement System discovered that defendant had not paid the employer contributions for Myers from the date of his initial employment on September 1, 1972 through

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