State pulls more lawyers from pension rolls

New York State Comptroller Thomas DiNapoli removed

three more lawyers from the state pension system and canceled some pension

credits for a fourth, his office announced Friday.

The lawyers, all partners in a law firm located outside Binghamton, had

earned public pension credits by being improperly reported as employees of

upstate school districts or BOCES.

None of the lawyers returned calls for comment yesterday. Their lawyer,

John Perticone, declined to comment.

"Taxpayers and the pension fund shouldn't have to pay for pension benefits

for people who shouldn't earn them," DiNapoli said in a statement.

Since beginning its review of attorneys improperly reported as employees to

the state pension system, the comptroller's office has revoked or suspended

the pensions of 13 people, four of them on Long Island.

It has canceled pension credits for five people statewide, one of them on

Long Island.

DiNapoli began the review in March after Newsday reported that five Long

Island school districts falsely reported attorney Lawrence Reich as a full-time

employee at the same time, enabling him to secure a public pension and

lifetime health benefits. The comptroller's office later ruled that Reich was

not entitled to his $61,459 pension and must pay it back.

In Friday's action, attorneys Edward Sarzynski, Michael Surowka and Wendy

DeWind all lost membership in the pension system, and attorney John Lynch lost

some pension credits. Because Lynch earned legitimate pension credits as a

lecturer at the State University of New York at Cortland, he was allowed to

remain in the pension system and lost only the credits accrued through BOCES,

said Emily DeSantis, a spokeswoman for the comptroller.