Matter of Armer v. New York State Employee's

Full title: In the Matter of LEON N. ARMER, Appellant, v. NEW YORK STATE EMPLOYEE'S…

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

Date published: Apr 24, 1986

119 A.D.2d 944 (N.Y. App. Div. 1986)

Opinion

April 24, 1986

Appeal from the Supreme Court, Albany County (Prior, Jr., J.).

In 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 A.D.2d 920; Matter of Pierce v. Regan, 98 A.D.2d 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.