Opinion
December 8, 1997
Appeal from the Supreme Court, Nassau County (Adams, J.).
Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.
The determination finding the petitioner ineligible for retroactive membership in the New York State Teachers' Retirement System was not arbitrary or capricious (see, Matter of Clark v. Board of Educ., 90 N.Y.2d 662). Consequently, the Supreme Court erred in granting the petition.
Bracken, J. P., O'Brien, Thompson and Altman, JJ., concur.