Cohen v. Levitt

Staley, Jr., J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered June 30, 1971 in Albany County, which dismissed petitioners’ application in a proceeding under CPLR article 78 to obtain service credits pursuant to section 33 of chapter 457 of the Laws of 1970.

Petitioners are employed by the Division of Employment in the State Department of Labor and are members of the New York Employees’ Retirement System. Petitioners were initially employed by the United States Employment Service in the Federal War Manpower Commission during World War II after the New York State…