Liebert v. Board of Education for Scotia-Glenville Central School District

—Mercure, J. P.

Appeal from a judgment of the Supreme Court (Ferradino, J.), entered September 30, 1998 in Saratoga County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Board of Education for the Scotia-Glenville Central School District denying petitioner’s request for retroactive member*618ship in respondent New York State Teachers’ Retirement System.

In September 1983, petitioner was hired as a full-time teacher and became a tier 4 member of respondent New York State Teachers’ Retirement System (hereinafter the…