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IN THE MATTER OF FERNANDEZ v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEMS

17 A.D.3d 921 (2005)

793 N.Y.S.2d 286

In the Matter of JOHN P. FERNANDEZ, Petitioner, v. NEW YORK STATE AND LOCAL RETIREMENT SYSTEMS et al., Respondents.

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

April 21, 2005.

Rose, J.

Petitioner, a physician, provided services to the Orleans County Nursing Home and the Orleans County Jail from 1971 until his retirement in 1999, at which time he applied for retirement benefits. Respondent Comptroller rejected petitioner's request to include the years 1996 through 1999 in the calculation of his final average salary and petitioner requested a hearing and redetermination. After a hearing, the Hearing Officer

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