Legal Opinion

Grella v. Hevesi

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

Decided January 11, 2007PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Spain, J.

The narrow issue presented by this appeal is whether a public employment retiree who is appointed to be a Judge of the Court of Claims and then temporarily assigned to the Supreme Court qualifies for the “elective public office” statutory exception (Civil Service Law § 150), an exception to the general rule that pension benefits are suspended when such a retiree returns to work in the public sector (see Retirement and Social Security Law § 101 [a]; Civil Service Law § 150). We agree with the sound reasoning and conclusion of Supreme Court that this exception is…

2Cases cited17 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. Doctors Council v. New York City Employees' Retirement SystemNew York Court of Appeals · 1988
  3. Raritan Development Corp. v. SilvaNew York Court of Appeals · 1997
  4. Daleview Nursing Home v. AxelrodNew York Court of Appeals · 1984
  5. In re the Claim of GruberNew York Court of Appeals · 1996

12 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. In re the Foreclosure of Tax Liens by Village of FleischmannsAppellate Division of the Supreme Court of the State of New York · 2010
  2. Eastern Niagara Project Power Alliance v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2007
  3. Amsterdam Nursing Home Corp. v. DainesAppellate Division of the Supreme Court of the State of New York · 2009
  4. Matter of Regan v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2016
  5. New York Construction Materials Ass'n v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2011

16 more not listed; retrieve them via the Exa API.

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