Legal Opinion

Matter of Porco v. New York State Teachers' Retirement System

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

Decided June 16, 2016No. 521949PublishedCited by 2 opinions

1Opinion of the Court

McCarthy, J.P.

Appeal from a judgment of the Supreme Court (Platkin, J.), entered February 3, 2015 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner pension credit for certain months of service.

In 1974, petitioner commenced employment as a public school teacher and also became a tier 2 member of respondent. In 2004, petitioner sustained a serious injury and then applied for and was granted disability retirement under Education Law § 511. At issue here is a three-month period…

2Cases cited5 opinions

  1. Maillard v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2008
  2. Miller v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1990
  3. Matter of Regan v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Westmoreland v. New York State and Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2015
  5. Sush v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by2 opinions

  1. Matter of Bohlen v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2018
  2. Matter of Schafer v. New York State Teachers' Retirement Sys.Appellate Division of the Supreme Court of the State of New York · 2019

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