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MATTER OF IVAN v. NY. CTY. DEPT. OF HEALTH AND MENTAL HYGIENE

63 A.D.3d 572 (2009)

880 N.Y.S.2d 486

In the Matter of RICHARD IVAN et al., Appellants, v. NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 23, 2009.

The determination that petitioners are not entitled to retirement credit with NYCERS by reason of having worked for private corporations under contract with DHMH but paid with funds provided by the State is not arbitrary and capricious (see Matter of Eastman v Department of Citywide Admin. Servs., 266 A.D.2d 53 [1999], citing definition of "city-service" in Administrative Code of City of NY § 13-101 [3] [a] as service "paid...

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