Di Nucci v. New York State Teachers' Retirement System

Appeal from a judgment of the Supreme Court at Special Term, entered August 18, 1971 in Albany County, which granted petitioner’s application, in a proceeding under CPLR article 78, to vacate the determination of respondents rescinding retirement credit for two years and seven months of military service on the ground that petitioner was not entitled to such credit. On or about January 12, 1943, petitioner, then a public school teacher under contract until July 1, 1943 with the Board of Education of Middleburgh, Hew York, became a member of the United States Havy. By letter dated February 6,…