An appointed New York Court of Claims judge assigned to a state Supreme Court position cannot benefit from a provision that permits public employment retirees who assume an elective post to continue receiving their full retirement benefit, the Appellate Division, 3rd Department, held Thursday.

The case centers on Philip M. Grella, who spent 30 years as an assistant district attorney in Nassau County, N.Y., and then became a Nassau County District Court judge, qualifying him for a $75,534 pension.