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IN THE MATTER OF FRANCES WHITE, respondent, v. RICHARD FREYMAN, etc., et al., appellants.

ORDERED that the judgment is affirmed, with costs.

Contrary to the determination of the Hearing Officer, the petitioner satisfied her initial burden of demonstrating that she met the requirements of Retirement and Social Security Law § 803(b)(3) (see, Matter of Rainson v. Board of Educ. of Manhasset Pub. Schools, 256 A.D.2d 411 ; cf., Matter of Forlenza v. Board of Educ. of Uniondale Union Free School Dist., 256 A.D.2d 409 ). The appellants failed to establish that at the time the petitioner was hired they had informed her of her right to join the retirement system. Accordingly, the petition should be granted (see, Matter of Scanlan v. Buffalo Pub. School Sys., 90 N.Y.2d 662 ; Matter of Spector v. Board of Educ., 251 A.D.2d 588 ).

JOY, J.P., FRIEDMANN, GOLDSTEIN, and McGINITY, JJ., concur.

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MATTER OF WHITE v. FREYMAN
(Oct 28, 1999)