O'Dwyer v. New York City Employees' Retirement System

Order and judgment (one paper), Supreme Court, New York County, entered November 24, 1978, dismissing the petition to vacate respondent’s determination denying petitioner retirement, unanimously affirmed, without costs or disbursements. Petitioner’s membership in the New York City Employees’ Retirement System, which he entered on January 1, 1964, was terminated by operation of law on December 31, 1970, the fifth anniversary of the expiration of his term of office as a member of the city council. (See Administrative Code of City of New York, § B3-31.0, subd 1.) And although petitioner rejoined…