Order affirmed, without costs, on the opinion by Mr. Justice ELLIS J. STALEY, JR. at the Appellate Division.
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judge JASEN dissents and votes to reverse in the following memorandum in which Judge COOKE concurs.
JASEN, J. (dissenting).
I am in general agreement with Justice GREENBLOTT'S analysis of the applicable statutes. On their face the statutes do not permit of distinction based on length of service or whether the applicant was a career military person before returning to teaching. It should be emphasized that upon this analysis petitioner would receive credit for only some, but not all, of his 20 years plus of military service. This, I think, is fair and consonant with the applicable statutes. To the extent that Matter of Wulff v Teachers' Retirement Bd. of City of N.Y. ( 27 A.D.2d 929, affd 21 N.Y.2d 802) may be read as holding to the contrary, it should be overruled.
Order affirmed, etc.