Tooley v. McCall

—Mercure, J.

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 which denied petitioner’s request for recalculation of his final salary.

Petitioner, who retired after nearly 40 years of service with the Village of Scarsdale in Westchester County, challenges respondent’s determination to exclude approximately $80,000 in “longevity pay” from his annual base salary for computation of his retirement benefits (see, Retirement and Social Security Law § 431). Fundamentally, retirement…