Paterson v. New York State Teachers' Retirement System

Appeal from a judgment of the Supreme Court (Clemente, J.), entered July 26, 2004 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as time-barred.

Petitioner and his employer entered into a settlement agreement in May 2002, pursuant to the terms of which petitioner was to retire from his position effective January 2, 2002. Petitioner filed an application for retirement benefits in June 2002 in which he indicated that his effective date of retirement was January 2, 2002. By letter dated August 12, 2003, respondent advised…