Appellate Division, Third Department · November 12, 2026 · 2026 NY Slip Op 06599
Matter of Pasinkoff v New York State & Local Retirement Sys.
Read the official decision: 2026 NY Slip Op 06599
Holding The court affirmed the dismissal of the petition, holding that the Comptroller’s determination was supported by substantial evidence and not irrational or unreasonable. The agency reasonably interpreted the statutes to set the petitioner’s contribution cessation date at the effective date of his transfer from a tier 6 to tier 4 membership, rather than his initial enrollment date.
The court’s words
petitioner did not become eligible for the enhanced benefits provided for in Retirement and Social Security Law article 19 until his transfer was complete
2026 NY Slip Op 06599, at the official text
we are precluded from substituting our judgement for that of the agency where the agency's own interpretation is also reasonable
2026 NY Slip Op 06599, at the official text
the substantial evidence standard is a minimal standard that requires less than a preponderance of the evidence
2026 NY Slip Op 06599, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | November 12, 2026 |
| Citation | 2026 NY Slip Op 06599 |
| Area of law | Administrative Law |
| Week | Week ending November 14, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06599 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1890 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Pasinkoff v New York State & Local Retirement Sys., 2026 NY Slip Op 06599 (Appellate Division, Third Department, November 12, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06599/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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