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GEORGE MUTTERPERL, Appellant-Respondent, v. ARTHUR LEVITT, as Comptroller of the State of New York and as Head of the New York State Employees' Retirement System, Respondent-Appellant.

Judgment affirmed, with costs, on the opinion by Mr. Justice JAMES GIBSON at Special Term.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE. Taking no part: Judge WACHTLER.

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MUTTERPERL v. LEVITT
(Mar 31, 1977)