Armer v. New York State Employee's Retirement System

Appellate Division of the Supreme Court of New York

Armer v. New York State Employee's Retirement System

119 A.D.2d 944, 501 N.Y.S.2d 620, 1986 N.Y. App. Div. LEXIS 55874

Appellate Division of the Supreme Court of the State of New York·Decided April 24, 1986·Published·Cited by 1 cases

Opinion

Appeal from a judgment of the Supreme Court at Special Term (Prior, Jr., J.), entered August 28, 1984 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Comptroller denying petitioner’s request for retirement benefits under the Laws of 1983 (ch 17). [945]*945In discharging the duty of determining service allowances, the Comptroller’s construction of a statute will be upheld if it is not irrational or unreasonable (Matter of Spitz v Regan, 98 AD2d 920; Matter of Pierce v Regan, 98 AD2d 830). In this case, we find nothing irrational or unreasonable in the Comptroller’s construction of the Laws of 1983 (ch 17, § 1), which defines "eligible employee”. Accordingly, the judgment dismissing the petition should be affirmed.

Judgment affirmed, without costs. Main, J.P., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term (Prior, Jr., J.), entered August 28, 1984 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Comptroller denying petitioner’s request for retirement benefits under the Laws of 1983 (ch 17). [945]*945In discharging the duty of determining service allowances, the Comptroller’s construction of a statute will be upheld if it is not irrational or unreasonable (Matter of Spitz v Regan, 98 AD2d 920; Matter of Pierce v Regan, 98 AD2d 830). In this case, we find nothing irrational or unreasonable in the Comptroller’s construction of the Laws of 1983 (ch 17, § 1), which defines "eligible employee”. Accordingly, the judgment dismissing the petition should be affirmed.

Judgment affirmed, without costs. Main, J.P., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

Armer v. New York State Employee's Retirement System, 119 A.D.2d 944, 501 N.Y.S.2d 620, 1986 N.Y. App. Div. LEXIS 55874 (N.Y. Ct. App. 1986).

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