New York State Employees' Retirement System v. Board of Supervisors

This is an appeal from a peremptory order of mandamus. The board of supervisors of the county of Tioga adopted a resolution on December 15, 1930, approving the inclusion of its officers and employees in the State Retirement System which fully complied with section 75 of article 5 of the Civil Service Law of the State.

In pursuance of the resolution making the officers and employees a part of the Retirement System some forty-eight employees became members and thereafter and on March 2,1931, the board of supervisors adopted a resolution rescinding the resolution of inclusion. This was done on…