Bayles v. New York State Employees' Retirement System

This is a proceeding brought pursuant to article 78 of the Civil Practice Act (transferred to this court pursuant to section 1296 of the Civil Practice Act) to review a determination of the Comptroller of the State of New York, rendered after a hearing held in accordance with section 74 of the Retirement and Social Security Law, disallowing petitioner’s application for a discontinued service retirement allowance (former section 77 of the Civil Service Law, now section 73 of the Retirement and Social Security Law).

The sole question presented here is the correctness of the Comptroller’s…