Wilson v. Levitt

OPINION OF THE COURT

Aaron E. Klein, J.

In this CPLR article 78 proceeding petitioner seeks an adjudication that his ordinary disability benefits application (not job-related), although made more than two years after termination of his employment and which was covered by the *83New York State Employees’ Retirement System, should be approved as timely notwithstanding the provisions of section 62 (subd aa, par 2) of the Retirement and Social Security Law. Two basic grounds are advanced in support of his contentions: (a) That a proper interpretation of that legislation does not set up a time bar to…