Overton v. New York State Police & Fire Retirement System

Appeal from a judg*702ment of the Supreme Court (McNamara, J.), entered March 20, 2001 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent New York State Police and Fire Retirement System to conduct an administrative hearing to determine whether petitioner was required to separate from service upon attaining the age of 55.

Petitioner, a police officer employed by respondent Village of Westhampton Beach in Suffolk County for over 30 years, was enrolled in a 20-year retirement plan pursuant to Retirement and Social Security…