Ordered that the order is reversed, on the law, with costs, the petition is granted, the determination is annulled, and the matter is remitted to the respondents to file an affidavit pursuant to Retirement and Social Security Law § 803 Retire. Soc. Sec. (b) (3) stating that the petitioner is eligible for retroactive membership in the New York State Teachers' Retirement System.
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 Retire. Soc. Sec. (b) (3) (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). Upon this record we see no basis for the Hearing Officer's determination that the petitioner was not credible (cf., Matter of Tompkins v. Board of Educ., 245 A.D.2d 522). Accordingly, we conclude that the respondents' determination to deny the petitioner's application for retroactive membership in the New York State Teachers' Retirement System was arbitrary and capricious (see, Matter of Scanlan v. Buffalo Pub. School Sys., supra; see also, Matter of Spector v. Board of Educ, supra; Matter of Dapp v. Board of Educ., 248 A.D.2d 712).
Copertino, J. P., Sullivan, Krausman and Florio, JJ., concur.