Hurwitz v. Regan

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the State Comptroller which denied petitioner’s application for reinstatement as a Tier I member of the New York State Employees’ Retirement System on the ground that he had not rejoined within the five-year period required by law. Petitioner, an assistant county attorney, had been a member of the New York State Employees’ Retirement System (hereinafter System) from 1966 to 1970 under Tier I. In January, 1970, petitioner…