Legal Opinion

Ellenbogen v. Levitt

Appellate Division of the Supreme Court of the State of New York

Decided March 30, 1978PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Mahoney, P. J.

On June 8, 1931, petitioner became a member of the New York State Employees’ Retirement System, with an age 60 retirement plan. In July, 1957, he elected to become a member of the age 55 retirement plan. On May 7, 1968, petitioner duly executed and acknowledged his election to become a member of the Legislative and Executive Retirement Plan (Retirement and Social Security Law, § 80-a). Thereafter, by letter, petitioner made application for retirement effective August 29, 1968 wherein he requested that his retirement allowance be based on his final average…

2Cases cited4 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Howard v. WymanNew York Court of Appeals · 1971
  3. New York Life Insurance v. GalvinNew York Court of Appeals · 1974
  4. Schacht v. City of New YorkNew York Court of Appeals · 1976

3Cited by2 opinions

  1. Delaney v. ReganAppellate Division of the Supreme Court of the State of New York · 1992
  2. Lynch v. LevittAppellate Division of the Supreme Court of the State of New York · 1979

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