Regan v. DiNapoli

• Decision Date: 21 January 2016
• Citation: 135 A.D.3d 1225,23 N.Y.S.3d 688
• Parties: In the Matter of C. Murray REGAN, Appellant, v. Thomas P. DINAPOLI, as State Comptroller, Respondent.
• Court: New York Supreme Court — Appellate Division

135 A.D.3d 1225
23 N.Y.S.3d 688

In the Matter of C. Murray REGAN, Appellant,
v.
Thomas P. DINAPOLI, as State Comptroller, Respondent.

Supreme Court, Appellate Division, Third Department, New York.

Jan. 21, 2016.

23 N.Y.S.3d 689

Law Office of Christen Archer Pierrot, East Aurora (Christen Archer Pierrot of counsel), for appellant.

Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), for respondent.

Before: LAHTINEN, J.P., GARRY, ROSE, LYNCH and DEVINE, JJ.

ROSE, J.

135 A.D.3d 1225

Appeal from an order and judgment of the Supreme Court (O'Connor, J.), entered July 1, 2014 in Albany County,

135 A.D.3d 1226

which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner credit for certain years of service.

Petitioner worked as a teacher and, in that capacity, he was a member of the New York State Teachers' Retirement System (hereinafter TRS) for over 30 years when, in January 1998, he also began to serve as an elected town supervisor. In this latter capacity, he was also a member of the New York State and Local Retirement System (hereinafter LRS). After being advised by a representative of

23 N.Y.S.3d 690

the LRS that he could retire from teaching and continue to accrue service credit in the LRS "[a]s long as [he] continue[d] as an elected official," petitioner retired from teaching in July 1998 and began collecting his pension from the TRS while continuing to earn a town supervisor's salary. In 2001, petitioner lost his bid for reelection as town supervisor and applied to the LRS for retirement benefits. The LRS rejected his application, finding that he had not yet accrued the required minimum amount of service credit. In 2004, petitioner regained elective office, this time as a village justice. He served for eight years in this new position, all the while receiving both his TRS pension and a village justice's salary. During this time period, the LRS sent him annual updates indicating, among other things, that he was also accruing service credit.

When petitioner decided not to seek reelection for his position as a village justice for the term starting in 2012, he again applied to the LRS for retirement benefits and, again, the LRS rejected his application. The LRS explained to petitioner that he remained ineligible for retirement benefits and its prior advice and updates had been erroneous because, upon acceptance of his position as an elected village justice in 2004, he had not suspended receipt of his TRS pension benefits and, therefore, he did not resume accruing service credit in the LRS. After exhausting his administrative remedies in an unsuccessful attempt to overturn the denial of his application for additional LRS service credit, petitioner commenced this CPLR article 78 proceeding. Supreme Court dismissed the petition, prompting this appeal.

Petitioner argues that Civil Service Law § 150 permits him to receive both his TRS pension benefits and his salary as an elected official while...