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  5. 9 N.Y.2d 119 (1961)
 

MTR. OF AYMAN v. TEACHERS' RET. BD.

9 N.Y.2d 119 (1961)

In the Matter of David Ayman et al., Individually and in Behalf of All Others Similarly Situated, Respondents, v. Teachers' Retirement Board of the City of New York, Appellant. In the Matter of Ellis Johnson et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. New York City Teachers' Retirement Board, Appellant.

Court of Appeals of the State of New York.

Decided January 19, 1961.

Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel (Pauline K. Berger and Leo A. Larkin of counsel), for appellant in both proceedings.

Benjamin M. Zelman for respondents in the first above-entitled proceeding.

Benjamin Mazen and Jules Kolodny for respondents in the second above-entitled proceeding.

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Milton Kaplan of counsel), amicus curiæ.

Victor Levine for New York City Teachers' Retirement Board, amicus curiæ.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER concur.

FROESSEL, J.

These are two appeals by the New York City Teachers' Retirement Board, taken on constitutional grounds, from orders of the Appellate Division, First Department, which unanimously affirmed without opinion orders of Special Term, Supreme Court, New York County, in article 78 proceedings. Petitioners are members of the Teachers Retirement System which is administered by appellant board. They challenge...

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