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BROWN v. N.Y.S. TEACHERS RET.

25 A.D.2d 344 (1966)

George Brown et al., on Behalf of Themselves and All Other School Teachers in The State of New York, Similarly Situated, Appellants, v. New York State Teachers Retirement System et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 6, 1966.

Attorney(s) appearing for the Case

Mishkin & Strear (Lawrence H. Strear of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Douglas L. Manley of counsel), for respondents.

GIBSON, P. J., HERLIHY, REYNOLDS and TAYLOR, JJ., concur.

AULISI, J.

This is an appeal from a judgment of the Supreme Court, County of Albany, which dismissed plaintiffs' complaint for failure to state facts sufficient to constitute a cause of action.

Section 7 of article V of the Constitution of the State of New York provides: "After July first, nineteen hundred forty, membership in any pension or retirement system of the state or of a civil division thereof...

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