Hill v. New York State Teachers' Retirement System

OPINION OF THE COURT

Aaron E. Klein, J.

The petitioner, Joseph J. Hill, seeks by way of this CPLR article 78 proceeding an order directing the respondent, New York State Teachers’ Retirement System (hereinafter referred to as the "system”) to recompute the petitioner’s retirement allowance under subdivision 3 of section 511 of the Education Law based upon the formula provided for retirees who are under the age of 55 years, and who retire by filing an application for disability retirement, and that the system be ordered to pay the difference between recomputed allowance and his present one…