Erwin v. New York State Employees' Retirement System

Appeal from a judgment of the Supreme Court at Special Term (Kahn, J.), entered January 31, 1984 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

In June, 1981, after a hearing, the Comptroller rendered a decision denying petitioner additional public service retirement credit for services the latter rendered to the Town of Geneseo in Livingston County from 1955 to 1962. Petitioner then commenced a CPLR article 78 proceeding challenging, as arbitrary and capricious, the Comptroller’s determination that petitioner was an…