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KRANKER v. LEVITT

30 N.Y.2d 574 (1972)

Abraham Kranker, on Behalf of Himself and All Others Similarly Situated, et al., Respondents, v. Arthur Levitt, as Comptroller of the State of New York, Appellant.

Court of Appeals of the State of New York.

Supplementally argued February 17, 1972.

Decided February 18, 1972.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for appellant.

James W. Roemer, Jr., Samuel Jacobs and Harold G. Beyer, Jr. for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON concur in Per Curiam opinion; Judge BREITEL dissents in part and votes to modify in a separate opinion in which Judge JASEN concurs.

Per Curiam.

The 1957 decision of the Comptroller — in accordance with section 23.1 of the Rules and Regulations of the Department of Civil Service (4 NYCRR 23.1) — to include cash payments for accumulated vacation credits in determining the salary base for the computation of retirement benefits constitutes a valid contract between the State Employees' Retirement System and its members. In addition, such...

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