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MTR. OF AYMAN v. TEACHER'S RET. BD.

19 Misc.2d 374 (1959)

In the Matter of David Ayman et al., Individually and in Behalf of Others Similarly Situated, Petitioners, v. Teachers' Retirement Board of the City of New York, Respondent. (Proceeding No. 1.) In the Matter of Ellis Johnson et al., on Behalf of Themselves and All Others Similarly Situated, Petitioners, v. New York City Teachers' Retirement Board, Respondent. (Proceeding No. 2.)

Supreme Court, Special Term, New York County.

November 2, 1959.

Attorney(s) appearing for the Case

Zelman & Zelman for petitioners in proceeding No. 1.

Benjamin Mazen and Jules Kolodny for petitioners in proceeding No. 2.

Charles H. Tenney, Corporation Counsel (Leo A. Larkin and Pauline K. Berger of counsel), for respondent in proceedings Nos. 1 and 2.

Louis J. Lefkowitz, Attorney-General (Milton Alpert of counsel), amicus curiæ in proceedings Nos. 1 and 2.

IRVING H. SAYPOL, J.

The proposed orders on both sides in both proceedings are improper in form and substance.

The petitioners' orders contain improper decisional discussion in the proposed directory provisions. Counsel's attention is directed to a revision of their proposed orders so as to eliminate all discussion and factual findings (Civ. Prac. Act, § 127; Rules Civ. Prac., rules 70-74; Carmody...

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