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A state appeals court has upheld the dismissal of a private attorney’s claim that he is due benefits based on his service to the Town of Oyster Bay and to the Bethpage Water District on Long Island. The Appellate Division, Third Department, ruled that Albany Supreme Court Justice Roger D. McDonough (See Profile) was correct in finding that Mineola attorney Anthony J. Sabino had not exhausted his administrative appeals in pursuing his claim that he was unfairly denied benefits under rules promulgated by the state comptroller in 2008. The rules prohibit private employees from qualifying for public benefits while they are also working part time for government entities (NYLJ, May 16, 2008).

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