Brei v. Regan

Determination unanimously confirmed, without costs, and petition dismissed. Memorandum: *1061Petitioners, the former husband and the estate of Eloise C. Brei, seek review of respondent’s denial of their application to the New York State Employees’ Retirement System to purchase retirement credits for prior service on behalf of decedent. Their primary contention is that the determination, reached after a hearing, is not based on substantial evidence. It is undisputed that during her lifetime decedent did not perform the prerequisites to obtaining such credits; she did not file with the Comptroller…