Appellate Division of the Supreme Court of New York, 1986

Armer v. New York State Employee's Retirement System

Armer v. New York State Employee's Retirement System
Appellate Division of the Supreme Court of New York · Decided April 24, 1986
119 A.D.2d 944; 501 N.Y.S.2d 620; 1986 N.Y. App. Div. LEXIS 55874
Armer v. New York State Employee's Retirement System

Opinion of the Court

Appeal from a judgment of the Supreme Court at Special Term (Prior, Jr., J.), entered August 28, 1984 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Comptroller denying petitioner’s request for retirement benefits under the Laws of 1983 (ch 17). *945In 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 AD2d 920; Matter of Pierce v Regan, 98 AD2d 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.

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