
    In the Matter of Irving Smith, Appellant, v New York City Employees’ Retirement System et al., Respondents.
    Argued January 8, 1985;
    decided February 7, 1985
    
      APPEARANCES OF COUNSEL
    
      John M. Boyle and Sidney Siller for appellant.
    
      Robert Abrams, Attorney-General (Alan W. Rubenstein, Robert Hermann and Peter H. Schiff of counsel), for New York State Employees’ Retirement System, respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the opinion by Justice Howard A. Levine at the Appellate Division (99 AD2d 302).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander.  