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MATTER OF PRICE v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM

515755.

107 A.D.3d 1212 (2013)

967 N.Y.S.2d 482

2013 NY Slip Op 4405

In the Matter of MICHAEL A. PRICE, Petitioner, v. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

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

Decided June 13, 2013.

Spain, J.

Petitioner was employed as a lifeguard by New York State in 1968 and, periodically, in other state positions until April 1975, when he left state service. He did not apply to join respondent New York State and Local Employees' Retirement System (hereinafter respondent) during that period,1 and he was reportedly never advised in 1968 that he was a mandatory tier 1 member of respondent...

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