Liberty v. New York State & Local Employees' Retirement System

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the *1286Comptroller which denied petitioner’s request for retroactive tier 1 membership with respondent.

Petitioner was employed as a lifeguard by the Town of Saranac, Clinton County during the summers of 1972 and 1973, but did not join respondent until 1977, when he was employed as a correction officer. In 2005, petitioner filed an application with respondent, which requested that he be placed in tier 1 based on his service as a lifeguard. After…