Rybak v. State Employees' Retirement Bd.

Full title: William C. RYBAK, Appellant, v. STATE EMPLOYEES' RETIREMENT BOARD, Appellee

Court: Supreme Court of Pennsylvania

Date published: Oct 31, 1994

649 A.2d 431 (Pa. 1994)

649 A.2d 431

Opinion

Argued January 26, 1994.

Decided October 31, 1994.

Appeal No. 69 M.D.Appeal Docket 1993 from the order of the Commonwealth Court, 154 Pa. Commw. 586, 624 A.2d 286 (1993), dated April 6, 1993, at No. 134 C.D. 1991, affirming Appellee's denial of Appellant's request for Class D-3 status under the State Retirement System.

Richard J. Orloski, Allentown, for W.C. Rybak.

Nicholas Joseph Marcucci, Harrisburg, for S.E.R.B.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

ORDER

PER CURIAM.

Appellee's motion to strike the portions of appellant's brief that address matters not encompassed by this Court's grant of allowance of appeal, which was limited to the issue of equal protection, is granted. The order of the Commonwealth Court, 154 Pa. Commw. 586, 624 A.2d 286, is affirmed. See Harper v. State Employees' Retirement System, 538 Pa. 520, 649 A.2d 643 (1993).

MONTEMURO, J., is sitting by designation.