Legal Opinion

Newcomb v. New York State Teachers' Retirement System

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

Decided January 31, 1974PublishedCited by 14 opinions

1Opinion of the Court

Staley, Jr., J.

This is an appeal from a judgment and order of the Supreme Court at Special Term, entered October 24,1972 in Albany County, which dismissed, petitioner’s application, in a proceeding pursuant to CPLR article 78, to vacate a determination of the New York State Teachers’ Retirement System Board.

Petitioner became a member of the New York State Teachers’ Retirement System (hereinafter referred to as the System) on September 3,1934 while employed as a teacher by the Rochester City School District. In July, 1940, he was ordered to active duty with the United States Army, and was…

2Cases cited2 opinions

  1. New York City Employees' Retirement System v. EliotNew York Court of Appeals · 1935
  2. Di Nucci v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1972

3Cited by14 opinions

  1. Matter of Galanthay v. New York State Teachers'ret. Sys.New York Court of Appeals · 1980
  2. Turner Construction Co. v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1977
  3. Boudreau v. LevittAppellate Division of the Supreme Court of the State of New York · 1979
  4. Baker v. ReganAppellate Division of the Supreme Court of the State of New York · 1986
  5. Gallo v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1986

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