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MTR. OF MAYE (BLUESTEIN)

45 A.D.2d 654 (1974)

In the Matter of the Arbitration between Michael Maye et al., Respondents, and Richard Bluestein et al., as Trustees of The Firemen's Variable Supplemental Fund, Appellants. (Proceeding No. 1.) In the Matter of the Arbitration between David J. McCormack et al., Respondents, and Richard Bluestein et al., as Trustees of The Uniformed Fire Officers Variable Supplement Fund, Appellants. (Proceeding No. 2.)

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

November 12, 1974.

Attorney(s) appearing for the Case

Francis F. Caputo of counsel (L. Kevin Sheridan with him on the brief; Adrian P. Burke, Corporation Counsel), for appellants.

Murray A. Gordon, P. C. (Mark K. Bennenson and Robert A. Kennedy with him on the brief), attorney for David J. McCormack and another and Doran, Colleran, O'Hara Pollio & Dunne, P. C., attorneys for Michael Maye and another, respondents.

McGIVERN, P. J., LUPIANO and LANE, JJ., concur with CAPOZZOLI, J.; KUPFERMAN, J., concurs in a separate opinion.

CAPOZZOLI, J.

Pursuant to section B19-40.0 et seq. and section B19-60.0 et seq. of the Administrative Code of the City of New York, two parallel but separate "variable supplements funds" were established for the uniformed firemen and the uniformed fire officers of the City of New York (L. 1970, ch. 877). These funds consist of what is referred to as "skim off" moneys paid from the existing article...

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