Matter of Newcomb v. New York State Teachers'ret. Sys., 335 N.E.2d 858 (NY 1975). · Go Syfert
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Matter of Newcomb v. New York State Teachers'ret. Sys., 335 N.E.2d 858 (NY 1975). Cases Citing This Book View Copy Cite
16 citation events across 3 distinct courts.
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." Fisher v. County of Suffolk
N.Y. Sup. Ct. · 1978 · signal: see also · confidence low
One court stated the intent of the section in this language; "Section 243 of the Military Law was manifestly intended to apply to civil service employees whose purpose was to leave their civil service employment temporarily, in response to national need or in order to comply with the draft laws, but who intended to return to their civil service careers upon release from their military duties.” (Matter of Wulff v Teachers’ Retirement Bd. of City of N. Y., 27 AD2d 929, 930 , affd 21 NY2d 802 ; see, also, Matter of Newcomb v New York State Teachers’ Retirement System, 43 AD2d 353 , affd 36 …
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In the Matter of Ralph E. Newcomb, Appellant,
v.
New York State Teachers’ Retirement System Et Al., Respondents
New York Court of Appeals.
Jun 16, 1975.
335 N.E.2d 858
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.
Jasen.
Cited by 16 opinions  |  Published

Lead Opinion

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.

Dissent

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 NY2d 802) may be read as holding to the contrary, it should be overruled.

Order affirmed, etc.