Deem v. New York State & Local Retirement System

Cross appeals from a judgment of the Supreme Court (Teresi, J.), entered July 10, 2006 in Albany County, which, among other things, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

In January 2004, petitioner, an assistant county attorney in the City of White Plains, Westchester County, was ordered to active military duty in his capacity as a United States Marine Corps reservist. He served until January 19, 2005 and returned to work on April 4, 2005. He thereafter commenced this proceeding pursuant to CPLR article 78 claiming that he was denied…