Matter of Newcomb v. New York State Teachers'ret. Sys.
Matter of Newcomb v. New York State Teachers'ret. Sys.
Opinion of the Court
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.
Dissenting Opinion
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 NY2d 802) may be read as holding to the contrary, it should be overruled.
Order affirmed, etc.
Reference
- Full Case Name
- In the Matter of Ralph E. Newcomb, Appellant, v. New York State Teachers’ Retirement System Et Al., Respondents
- Cited By
- 16 cases
- Status
- Published