O'Brien v. New York State Teachers Retirement Board
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtH. T. Kellogg, J.
The petitioner’s sister, Margaret O’Brien, was a teacher in the public schools and a member of the retirement system created by article 43-B of the Education Law. She had been a teacher within the year prior to February 21, 1925. She had then completed more than thirty-five years of total service as a teacher. She was, therefore, entitled, as a matter of right, to retirement from service, as provided by section 1109 of the Education Law.j That section, among other things, provides that “ any member who has completed thirty-five years of total service may retire from service if he files with…
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