Legal Opinion
Hutt v. Retirement Board of New York State Teachers' Retirement System
Appellate Division of the Supreme Court of the State of New York
Decided November 14, 2002PublishedCited by 4 opinions
1Opinion of the CourtCardona, P.J.
Appeal from a judgment of the Supreme Court (Bradley, J.), entered May 24, 2001 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to state a cause of action.
The essential facts herein are undisputed. In May 1999, John R. Hutt (hereinafter decedent), a teacher for 32 years in the school system of the City of Tonawanda, Erie County, submitted a retirement application to respondent New York State Teachers’ Retirement System (hereinafter the System) to be effective July 1, 1999. In the application, he elected to…
2Cases cited7 opinions
- Ortelere v. Teachers' Retirement BoardNew York Court of Appeals · 1969
- Kaplan v. KaplanNew York Court of Appeals · 1993
- Nutt v. New York State Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1979
- Ford v. SnashallAppellate Division of the Supreme Court of the State of New York · 2001
- Cummings v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by4 opinions
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- Matter of Westmoreland v. New York State and Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2015
- 10 East Realty, LLC v. Incorporated Village of Valley StreamAppellate Division of the Supreme Court of the State of New York · 2005