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MATTER OF NEIL v. WAGNER

27 Misc.2d 1053 (1960)

In the Matter of Michael Neil et al., on Behalf of Themselves and Others Similarly Situated, Petitioners, v. Robert F. Wagner, Jr., et al., Constituting the Board of Estimate of the City of New York, Respondents.

Supreme Court, Special Term, New York County.

December 19, 1960

Attorney(s) appearing for the Case

Daniel T. Scannell for New York City Transit System, intervenor-respondent. Paul B. Zuber for plaintiff. Charles H. Tenney, Corporation Counsel, for Robert F. Wagner, Jr., and others, respondents.

HENRY EPSTEIN, J.

This is an application pursuant to article 78 of the Civil Practice Act wherein the petitioners seek to compel the respondents and intervenor-respondent to include them in the resolution providing for "pensions-for-increased-take-home" benefits.

Petitioners urge that respondents provided such benefits for other civil service employees of...

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