ALBANY - New York Comptroller Thomas DiNapoli's office is kicking four attorneys' out of the New York state and local retirement system because an upstate BOCES district inappropriately classified them as employees.

The move is part of a broader investigation by DiNapoli and New York Attorney General Andrew Cuomo that started with findings some Long Island school districts were listing lawyers as employees. They were allowed to qualify for public pensions while their private practices collected millions of dollars in legal fees.

“We are reviewing every lawyer in our system,” DiNapoli said. “We will revoke memberships for those individuals who have been erroneously classified as employees.”

Officials in the comptroller's office said they didn't know if the lawyers were aware they were getting inappropriate benefits. It was unclear if they would face criminal charges.

DiNapoli said his office also revoked five years of service credit for another lawyer the Hamilton-Fulton-Montgomery BOCES incorrectly reported as an employee.

The four attorneys whose benefits were revoked are James Girvin, Kathy Ann Wolverton, Kristine Lanchantin and Jeffrey Honeywell. Service credit from BOCES for the fifth attorney, Salvatore Ferlazzo, was revoked.

In fiscal year 2006-07, BOCES paid the five lawyers a total of $234,000. That year, Hamilton-Fulton-Montgomery BOCES reported them as full-time who worked a total of 1,157 days at BOCES. They actually worked a total of 196 days, according to the comptroller's office.

A call to the Law Offices of Girvin & Ferlazzo, P.C., where the five attorneys work, was not immediately returned.

BOCES has removed the lawyers from its payroll and fired the law firm.

DiNapoli said his office will return retirement contributions that local governments paid for the lawyers.