Legal Opinion

Fernandez v. New York State & Local Retirement Systems

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

Decided April 21, 2005PublishedCited by 5 opinions

1Opinion of the CourtRose, 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 a recalculation of his retirement benefits.

Petitioner, a physician, provided services to the Orleans County Nursing Home and the Orleans County Jail from 1971 until his retirement in 1999, at which time he applied for retirement benefits. Respondent Comptroller rejected petitioner’s request to include the years 1996 through 1999 in the calculation of his final average salary and…

2Cases cited3 opinions

  1. Doner v. Comptroller of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  2. Brosnahan v. New York State Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1991
  3. Sitrin v. ReganAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by5 opinions

  1. Mowry v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013
  2. Blais v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2009
  3. Marland v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2015
  4. Marland v. New York State & Local Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2015
  5. Mowry v. DiNapoliAppellate Division of the Supreme Court of the State of New York · 2013

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