Tom v. Herkimer

Order of the Supreme Court, New York County (Grossman, J.), entered May 17,1982, in this CPLR article 78 proceeding, requiring a trial on the issue of whether respondents-appellants had sufficient notice of petitioner-respondent’s desire to make a lump-sum payment to purchase his claimed premembership service, is unanimously reversed, on the law, and the petition is dismissed, without costs. H Petitioner brought this article 78 proceeding to annul a determination of the Executive Director of the New York City Employees’ Retirement System (NYCERS) denying petitioner vested rights in NYCERS.…