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In the Matter of IRVING SMITH, Appellant, v. NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM et al., Respondents.

Order affirmed, with costs, for reasons stated in the opinion by Justice Howard A. Levine at the Appellate Division ( 99 A.D.2d 302).

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.

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MATTER OF SMITH v. CITY EMPLOYEES' RETIREMENT SYSTEM
(Feb 7, 1985)