Legal Opinion

D'Agostino v. DiNapoli

New York Supreme Court

Decided April 10, 2009Published

1Opinion of the Court

OPINION OF THE COURT

Gerald W. Connolly, J.

The instant CPLR article 78 proceeding challenges respondents’ letter determination dated August 19, 2008 which terminated petitioner’s pension benefits and his membership in the New York State and Local Employees’ Retirement System. It further required petitioner to return six years of benefits amounting to $605,874.79 within 30 days. Petitioner had maintained part-time “employment” with various public agencies, including three school districts, the County of Nassau, the Town of Hempstead and the Village of Valley Stream, while also *1093maintaining a…

2Cases cited35 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  3. Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
  4. MATTER OF SCHULZ v. StateNew York Court of Appeals · 1995
  5. Economico v. Village of PelhamNew York Court of Appeals · 1980

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