Burke v. Village of Johnson City

This is an appeal from a judgment of the Supreme Court entered in Broome County, which granted petitioner’s application, in a proceeding pursuant to article 78 of the CPLR for reinstatement in the Police Department together with his back pay.

The petitioner in 1966, although obviously aware that he was a member of the New York State Retirement System and was an employee pursuant to the Civil Service Law of the State, acquiesced in the direction of the respondent that he retire and was duly retired pursuant to a local law of respondent requiring retirement at age 62.

The local law was…