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MTR. OF HARTNETT v. LOWERY

45 A.D.2d 170 (1974)

In the Matter of Thomas J. Hartnett et al., Respondents, v. Robert O. Lowery, as Fire Commissioner of The City of New York, et al., Appellants

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

June 27, 1974.

Attorney(s) appearing for the Case

Edmund B. Hennefeld of counsel (Milton H. Harris with him on the brief; Adrian P. Burke, Corporation Counsel), for appellants.

Spiros A. Tsimbinos of counsel (Murphy, Sadowski & Koehler, attorneys), for respondents.

MARKEWICH, J. P., LUPIANO, STEUER and LANE, JJ., concur in Per Curiam opinion; MURPHY, J., dissents in an opinion.

Per Curiam.

The petitioners were staff officers of the New York City Fire Department and they both retired from active duty in the early months of 1971.

As a result of orders entered in Supreme Court, New York County, lump-sum parity payments were made to members of the Police, Fire, Corrections and Sanitation Services who were subject to collective bargaining.

In order to maintain an equitable relationship...

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