Opinion
December 22, 1997
Appeal from the Supreme Court, Westchester County (Leavitt, J.).
Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.
We disagree with the Supreme Court's conclusion that the denial of the petitioner's application for retroactive membership in the New York State Teachers' Retirement System was arbitrary, capricious, and without a rational basis ( see, Retirement and Social Security Law § 803; Matter of Clark v. Board of Educ. 90 N.Y.2d 662; Matter of O'Mara v. Sachem Cent. School Dist., 242 A.D.2d 634; Matter of Chupka v. Board of Educ. 240 A.D.2d 795; cf., Matter of Candrea v. Board of Educ., 236 A.D.2d 536). The petitioner's allegations with respect to her alleged eligibility for retroactive membership were vague, incomplete, and inconsistent. Accordingly, the Board of Education of the Ossining Union Free School District permissibly resolved issues of credibility against her ( cf., Matter of Clark v. Board of Educ., supra), and denied her application ( see, Matter of Chupka v. Board of Educ., supra; see also, Matter of Collins v. Codd, 38 N.Y.2d 269, 270-271; Matter of West v. County of Dutchess, 227 A.D.2d 565).
In light of our determination, we do not reach the appellant's remaining contentions.
Bracken, J. P., Thompson, Goldstein and Lerner, JJ., concur.