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

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for a refund of contributions.

Petitioner was employed as a lifeguard by New York State in 1968 and, periodically, in other state positions until April 1975, when he left state service. He did not apply to join respondent New York State and Local Employees’ Retirement System (here*1213inafter respondent) during that period,1 and he was reportedly never advised in 1968 that he was a…