Banks v. New York State & Local Employees' Retirement System

—Order, Supreme Court, New York County (Herman Cahn, J.), entered June 5, 2001, which, to the extent appealed from as limited by the brief, denied petitioner’s motion for an order pursuant to CPLR 103 (c) and 3001 converting this proceeding brought pursuant to CPLR article 78 to an action for a declaratory judgment as to the constitutionality of the requirement set forth in Retirement and Social Security Law § 62 (aa) (2) that ordinary disability benefits be applied for within 90 days of discontinuance of service, unanimously affirmed, without costs.

The IAS court’s determination not to…