Creasy v. Roche

Judgment, Supreme Court, New York County, entered January 26, 1978, granting petitioner’s application pursuant to CPLR article 78 to annul a $200 monthly deduction from her retirement pay and remanding the matter to respondent to recompute such pay, unanimously reversed, on the law, and the petition dismissed, without costs. Petitioner retired from service 25 years after having commenced her employment with the City of New York, but at a time when her accumulation towards pension benefits totaled 23 years and 8 months. Erroneously respondent had placed petitioner on an advanced payroll, resulting in an overpayment of $7,284.83. Petitioner commenced an article 78 proceeding challenging the payability date and claiming that respondents were estopped from recouping the overpayments. The application for service retirement form makes it clear, by expressly providing on its face, that "the retirement allowance [is] to begin on the 'effective date of * * * retirement or on the initial date of payability whichever is later”. Further, petitioner concedes that she knew one month before her retirement date that she "had earned twenty-three years and eight months service credit in the retirement system”. The petitioner has confused eligibility requirements with the