Bolier v. New York State Employees' Retirement System

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s request for a redetermination of his retirement status.

Contrary to petitioner’s argument, since his membership in respondent New York State Employees’ Retirement System was optional, he could not become a member of it until his application was actually filed with respondent Comptroller (see, Retirement and Social Security Law §§ 40, 74). Although petitioner was hired on June 28, 1976, the record…