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BOYCE v. TEACHERS' RETIREMENT

2728-09

25 Misc.3d 921 (2009)

884 N.Y.S.2d 629

2009 NY Slip Op 29356

In the Matter of BARBARA A. BOYCE, Petitioner, v. NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, Respondent.

Supreme Court, Albany County.

Decided July 21, 2009.

Attorney(s) appearing for the Case

School Administrators Association of New York State Office of General Counsel, Latham (Arthur P. Scheuermann and A. Andre Dalbec of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Adele Taylor-Scott of counsel), for respondent.

OPINION OF THE COURT

HENRY F. ZWACK, J.

In this CPLR article 78 proceeding, petitioner requests recalculation of her final average salary and an order directing respondent to pay retroactive pension benefits for the period December 2008 through February 2009. Respondent opposes the application.

Petitioner argues that she was never given notice of respondent's requirement of a one day break in service....

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