Dell v. Regan

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 which denied petitioner’s request for a redetermination of his retirement status.

Insofar as petitioner’s membership in the New York State and Local Employees’ Retirement System (hereinafter System) was optional, he could not become a member until he actually filed an application with respondent (see, Retirement and Social Security Law §§ 40, 74; Matter of Klein v Regan, 165 AD2d 944). In August 1966, petitioner left his employment…