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MATTER OF FISHER v. STATE RET. SYS.

279 A.D. 315 (1952)

In the Matter of Raymond M. Fisher, Respondent, v. New York State Employees' Retirement System et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 9, 1952.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Edward L. Ryan of counsel), for appellants.

John T. DeGraff for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and BERGAN, JJ., concur.

COON, J.

The facts upon which this appeal is based are undisputed. Petitioner, who had been employed in State service since 1932, joined the New York State Employees' Retirement System on June 21, 1943. Upon his application he was given credit for some prior service for which he did not pay contributions, and credit for previous member service from March 3, 1931 to June 21, 1943, for which he did pay contributions...

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