Hall v. New York State Teachers' Retirement System

—Mercure, J.

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered December 23, 1998 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request to include a lump-sum payment in computing petitioner’s final average salary for retirement purposes.

*639Petitioner held a number of teaching positions as a member of respondent from 1959 until his retirement in 1997. Since the timing of petitioner’s retirement rendered him ineligible to receive the $40,000 lump-sum…