Scott v. McCall

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s request for retroactive membership in tier I of respondent New York State and Local Employees’ Retirement System.

Petitioner was provisionally appointed as a Social Welfare Examiner by the Erie County Department of Social Services on July 10, 1972 and held that position until April 30, 1973. He subsequently joined respondent New York State and Local Employees’ Retirement System on October 6, 1977.