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In the Mtr. of Accurso v. Bd. of Admin

Appellate Division of the Supreme Court of New York, Second Department
May 16, 2005
18 A.D.3d 653 (N.Y. App. Div. 2005)

Opinion

2004-00524.

May 16, 2005.

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Administration of the Manhattan and Bronx Surface Transit Operating Authority Pension Plan, dated January 27, 2003, which denied the petitioners' applications for reinstatement to Tier I membership in the New York City Employees Retirement System, the petitioners appeal from a judgment of the Supreme Court, Kings County (Lewis, J.), dated December 1, 2003, which denied the petition and dismissed the proceeding.

Before: Schmidt, J.P., Cozier, S. Miller and Spolzino, JJ., concur.


Ordered that the judgment is affirmed, with costs.

Contrary to the petitioners' contention, the determination of the Board of Administration of the Manhattan and Bronx Surface Transit Operating Authority Pension Plan, denying their applications for reinstatement to Tier I membership in the New York City Employees Retirement System, by not affording them service credit for prior employment with a different public employer, was not arbitrary or capricious ( see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale Mamaroneck, Westchester County, 34 NY2d 222; Matter of Colton v. Berman, 21 NY2d 322; Matter of Valle v. Buscemi, 233 AD2d 334). Consequently, the Supreme Court properly denied the petition and dismissed the proceeding. [ See 1 Misc 3d 901(A), 2003 NY Slip Op 51456(U) (2003).]


Summaries of

In the Mtr. of Accurso v. Bd. of Admin

Appellate Division of the Supreme Court of New York, Second Department
May 16, 2005
18 A.D.3d 653 (N.Y. App. Div. 2005)
Case details for

In the Mtr. of Accurso v. Bd. of Admin

Case Details

Full title:In the Matter of VINCENT ACCURSO et al., Appellants, v. BOARD OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 16, 2005

Citations

18 A.D.3d 653 (N.Y. App. Div. 2005)
795 N.Y.S.2d 331