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MATTER OF ROENKE v. STATE UNIVERSITY OF NEW YORK

284 A.D.2d 781 (2001)

726 N.Y.S.2d 771

In the Matter of HENRY M. ROENKE et al., Appellants, v. STATE UNIVERSITY OF NEW YORK et al., Respondents.

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

Decided June 21, 2001.

Crew III, J. P.

Prior to January 1, 1998, petitioners participated in a tax deferred savings plan pursuant to Education Law § 399, which permitted petitioners, as employees of two community colleges operating under Education Law article 126, to invest in annuity and/or custodial accounts by payroll deduction (see, Education Law § 399 [1], [2]). In or about December 1997, petitioners were advised that respondent State University of New York (hereinafter...

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