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MTR OF D'AGOSTINO v. DINAPOLI

8134-08.

24 Misc.3d 1090 (2009)

879 N.Y.S.2d 284

In the Matter of ALBERT A. D'AGOSTINO, Petitioner, v. THOMAS P. DINAPOLI, as Comptroller of the State of New York and as Administrative Head of the New York State and Local Employees' Retirement System, et al., Respondents.

Supreme Court, Albany County.

Decided April 10, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Albany (Douglas J. Goglia of counsel), for respondents.

Roemer Wallens & Mineaux, LLP, Albany (James W. Roemer, Jr. and Earl T. Redding of counsel), and DeGraff, Foy & Kunz LLP, Albany (David F. Kunz and George J. Szary of counsel), for petitioner.

OPINION OF THE COURT

GERALD W. CONNOLLY, J.

The instant CPLR article 78 proceeding challenges respondents' letter determination dated August 19, 2008 which terminated petitioner's pension benefits and his membership in the New York State and Local Employees' Retirement System. It further required petitioner to return six years of benefits amounting to $605,874.79 within 30 days. Petitioner had maintained part-time "employment" with various public agencies...

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