Matter of Newcomb v. New York State Teachers'ret. Sys.
Cases that cite this one
15 later published cases cite this decision.
- Davidson v. New York State (Appellate Division of the Supreme Court of New York 1992)
- Limongelli v. New York State Employees' Retirement System (Appellate Division of the Supreme Court of New York 1991)
- Distelman v. Regan (Appellate Division of the Supreme Court of New York 1987)
- Baker v. Regan (Appellate Division of the Supreme Court of New York 1986)
- Gallo v. New York State Teachers' Retirement System (Appellate Division of the Supreme Court of New York 1986)
- Winton v. Regan (Appellate Division of the Supreme Court of New York 1985)
- Burns v. Regan (Appellate Division of the Supreme Court of New York 1982)
- Carillo v. Axelrod (Appellate Division of the Supreme Court of New York 1982)
- Matter of Galanthay v. New York State Teachers'ret. Sys. (N.Y. 1980)
- Boudreau v. Levitt (Appellate Division of the Supreme Court of New York 1979)
- McLaughlin v. New York City Employees' Retirement System (Appellate Division of the Supreme Court of New York 1979)
- Kulikowsky v. Levitt (Appellate Division of the Supreme Court of New York 1979)
- Fisher v. County of Suffolk (New York Supreme Court 1978)
- Turner Construction Co. v. State Tax Commission (Appellate Division of the Supreme Court of New York 1977)
- Wolfram v. Abbey (Appellate Division of the Supreme Court of New York 1976)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
In the Matter of Ralph E. Newcomb, Appellant,
v.
New York State Teachers' Retirement System et al., Respondents.
Court of Appeals of the State of New York.
Jeffrey G. Plant, Richard R. Rowley and Bernard F. Ashe for appellant.
Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondents.
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judge JASEN dissents and votes to reverse in the following memorandum in which Judge COOKE concurs.
Order affirmed, without costs, on the opinion by Mr. Justice ELLIS J. STALEY, JR. at the Appellate Division.
JASEN, J. (dissenting).
I am in general agreement with Justice GREENBLOTT'S analysis of the applicable statutes. On their face the statutes do not permit of distinction based on length of service or whether the applicant was a career military person before returning to teaching. It should be emphasized that upon this analysis petitioner would receive credit for only some, but not all, of his 20 years plus of military service. This, I think, is fair and consonant with the applicable statutes. To the extent that Matter of Wulff v Teachers' Retirement Bd. of City of N. Y. (27 AD2d 929, affd 21 N.Y.2d 802) may be read as holding to the contrary, it should be overruled.
Order affirmed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.