Legal Opinion

Barbiero v. New York State Employees' Retirement System

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

Decided March 31, 1983PublishedCited by 5 opinions

1Opinion of the Court

—• Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to annul a determination of the State Comptroller which denied petitioner’s application for retirement service credit in the New York State Employees’ Retirement System from 1972 to the present. Since January, 1972, petitioner has served as attorney for the Elmont Fire District, a part-time position. Following a hearing, the Comptroller concluded that petitioner’s duties for the district were those of an independent contractor rather than an employee;…

2Cases cited5 opinions

  1. Sitrin v. ReganAppellate Division of the Supreme Court of the State of New York · 1982
  2. Erwin v. ReganAppellate Division of the Supreme Court of the State of New York · 1982
  3. Hartmann v. TremaineAppellate Division of the Supreme Court of the State of New York · 1937
  4. MATTER OF ERWIN v. ReganNew York Court of Appeals · 1982
  5. Senapole v. FieldAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by5 opinions

  1. Hogan v. CuomoAppellate Division of the Supreme Court of the State of New York · 2009
  2. Ginocchio v. New York State Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1988
  3. Mancuso v. ReganAppellate Division of the Supreme Court of the State of New York · 1993
  4. Young v. McCallAppellate Division of the Supreme Court of the State of New York · 1998
  5. Opn. No., New York Attorney General Reports1990

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