Legal Opinion

Kelley v. Comptroller of New York

Appellate Division of the Supreme Court of the State of New York

Decided April 16, 1998PublishedCited by 4 opinions

1Opinion of the Court

—White, J.

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 retroactive membership in respondent New York State and Local Employees’ Retirement System.

On April 12, 1973, respondent Shenendehowa Central School District (hereinafter the District) appointed petitioner to the full-time position of teacher aide. Although eligible to join respondent New York State and Local Employees’ Retirement System, petitioner did not do so until…

2Cases cited2 opinions

  1. Scanlan v. Buffalo Public School SystemNew York Court of Appeals · 1997
  2. Plasberg v. StateAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by4 opinions

  1. Regan v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1999
  2. George v. New York State & Local Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 2001
  3. Deneve v. McCallAppellate Division of the Supreme Court of the State of New York · 1999
  4. Duval v. SteinerAppellate Division of the Supreme Court of the State of New York · 2001

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