Foltin v. Regan

Appellate Division of the Supreme Court of New York

Foltin v. Regan

205 A.D.2d 831, 615 N.Y.S.2d 295, 1994 N.Y. App. Div. LEXIS 5827

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 2, 1994

StatusPublished

This text of 205 A.D.2d 831 (Foltin v. Regan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foltin v. Regan, 205 A.D.2d 831, 615 N.Y.S.2d 295, 1994 N.Y. App. Div. LEXIS 5827 (N.Y. Ct. App. 1994).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for service retirement.

To be eligible for the retirement incentive program (L 1990, ch 935), an employee must have been in active service on December 19, 1990. As petitioner failed to meet the statutory definition of active service, respondent Comptroller properly denied petitioner’s application for service retirement. Furthermore, petitioner’s retroactive reinstatement to the payroll under the circumstances presented in the record did not bring him within the statutory definition of active service. On December 19, 1990, petitioner was on leave without pay and he concededly performed no work.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner’s application for service retirement.

To be eligible for the retirement incentive program (L 1990, ch 935), an employee must have been in active service on December 19, 1990. As petitioner failed to meet the statutory definition of active service, respondent Comptroller properly denied petitioner’s application for service retirement. Furthermore, petitioner’s retroactive reinstatement to the payroll under the circumstances presented in the record did not bring him within the statutory definition of active service. On December 19, 1990, petitioner was on leave without pay and he concededly performed no work.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

205 A.D.2d 831, 615 N.Y.S.2d 295, 1994 N.Y. App. Div. LEXIS 5827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foltin-v-regan-nyappdiv-1994.