DiNapoli v. Town of New Scotland

*1402In November 2007, the Retirement System sent defendant its annual invoice determination for employer contributions which included a charge in the amount of $10,310 for “prior years adjustment,” reflecting the cost of Myers’ service credit for the disputed period, plus interest. When defendant failed to make such payment, plaintiff commenced this action in October 2009 pursuant to Retirement and Social Security Law § 17 (e) to recover the amount sought. Plaintiff thereafter moved for summary judgment. Defendant opposed the motion and cross-moved for summary judgment arguing, among other…