Overton v. Town of Southampton

273 A.D.2d 242 (2d Dept. 2000).  We successfully represented a Town Police Chief in his challenge to a Town Board resolution mandating his separation from service on his 55th birthday based upon a State Comptroller opinion.  The Appellate Division agreed with us that the Comptroller’s opinion was not entitled to deference and that it was incorrect under the plain reading of controlling provisions of the State Retirement and Social Security Law.  The court concluded that our client was not required to retire upon turning 55 because he had lawfully transferred to a service plan with a higher mandatory retirement age.