Schriro v. New York State Teachers' Retirement Board

Appeal from a judgment of the Supreme Court at Special Term, entered June 10, 1977 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, seeking to compel respondents to accept petitioners’ applications for certain military service retirement credit. The facts are not in dispute. The narrow issue presented for our determination is whether petitioners, who originally joined the retirement system prior to July 1, 1973, but withdrew and later rejoined the system in 1975 are entitled to the benefits provided for in subdivision 10 of section 503…