Legal Opinion
DeMeurers v. New York State & Local Employees' Retirement System
Appellate Division of the Supreme Court of the State of New York
Decided April 30, 1998PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Mikoll, J.
The principal question raised on this appeal is whether service and filing of a notice of claim upon a school district is a *56condition precedent to a CPLR article 78 proceeding challenging the denial by respondent Comptroller of petitioner’s application for retroactive retirement benefits under Retirement and Social Security Law § 803.
Petitioner commenced employment as a custodian with respondent East Syracuse-Minoa Central School System (hereinafter ESM) on May 29, 1973. As of that date petitioner was eligible for tier 1 membership in respondent New York State…
2Cases cited8 opinions
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- Union Free School District No. 6 v. New York State Human Rights Appeal BoardNew York Court of Appeals · 1974
- Scanlan v. Buffalo Public School SystemNew York Court of Appeals · 1997
- Deposit Central School District v. Public Employment Relations BoardAppellate Division of the Supreme Court of the State of New York · 1995
- Grey v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1978
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3Cited by3 opinions
- Wilson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1999
- Liebert v. Board of Education for Scotia-Glenville Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
- Wilson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1999