Price v. Board of Education

Mikoll, J. P.

(dissenting). I respectfully dissent.

Petitioner herein was initially hired by the Dunkirk City School District (hereinafter the District) as a part-time substitute teacher in 1969, but was not eligible to join respondent New York State Teachers’ Retirement System (hereinafter the TRS) until 1971, when she worked more than 20 days. Petitioner testified that she neither declined membership in the TRS nor participated in any procedure requiring her to make a formal decision with regard to joining. This testimony satisfied her burden of proof (see, Matter of Scanlan v Buffalo Pub.…