
    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.
    Argued February 17, 1977;
    decided March 31, 1977
    
      
      Richard L. Burstein for appellant-respondent.
    
      Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for 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.  