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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
CourtAppellate Division, Third Department
DecidedNovember 12, 2026
Citation2026 NY Slip Op 06599
Area of lawAdministrative Law
WeekWeek ending November 14, 2026
Official textOfficial decision: 2026 NY Slip Op 06599
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1890

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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Published November 12, 2026. Updated November 12, 2026.