Roenke v. State University

Crew III, J. P.

Appeal from a judgment of the Supreme Court (Connor, J.), entered April 4, 2000 in Albany County, which, in a proceeding pursuant to CPLR article 78, upon reconsideration, adhered to its prior decision granting respondents’ motion to dismiss the petition as time barred.

Prior to January 1, 1998, petitioners participated in a tax deferred savings plan pursuant to Education Law § 399, which permitted petitioners, as employees of two community colleges operating under Education Law article 126, to invest in annuity and/or custodial accounts by payroll deduction (see, Education Law…