Legal Opinion
Micallef v. Board of Education of the Ossining Union Free School District
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2004Published
1Opinion of the Court
*456Proceeding pursuant to CPLR article 78, inter alia, in the nature of mandamus, to compel the Board of Education of the Ossining Union Free School District to file an affidavit stating that the petitioner is eligible for retroactive membership in the New York State Teachers’ Retirement System pursuant to Retirement and Social Security Law § 803.
Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.
Preliminarily, we note that where, as here, the administrative agency was not required by law to conduct a hearing {see Retirement and…
2Cases cited9 opinions
- Scanlan v. Buffalo Public School SystemNew York Court of Appeals · 1997
- Sadoff v. Ithaca City School DistrictAppellate Division of the Supreme Court of the State of New York · 1998
- Moulden v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1994
- Dubb Enterprises, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
- CVS Discount Liquor, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
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