Matter of Newcomb v. New York State Teachers'ret. Sys.

Jasen, J. (dissenting).

I am in general agreement with Justice Greenblott’s analysis of the applicable statutes. On their face the statutes do not permit of distinction based on length of service or whether the applicant was a career military person before returning to teaching. It should be emphasized that upon this analysis petitioner would receive credit for only some, but not all, of his 20 years plus of military service. This, I think, is fair and consonant with the applicable statutes. To the extent that Matter of Wulff v Teachers’ Retirement Bd. of City of N. Y. (27 AD2d 929, affd 21…