MATTER OF WEBER v. LEVITT


34 N.Y.2d 797 (1974)

In the Matter of Joseph P. Weber, on Behalf of Himself and All Others Similarly Situated, Appellants, v. Arthur Levitt, as Comptroller of the State of New York and Administrator of the New York State Policemen's and Firemen's Retirement System, Respondent. In the Matter of Edward Lecci, on Behalf of Himself and All Others Similarly Situated, Appellants, v. Arthur Levitt, as Comptroller of the State of New York and Administrator of the New York State Policemen's and Firemen's Retirement System, Respondent. In the Matter of Daniel Greenwald, Individually and as Representative of the Nassau County Patrolmen's Benevolent Association, Appellant, v. Arthur Levitt, as Comptroller of the State of New York and Administrator of the New York State Policemen's and Firemen's Retirement System, Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1974.


Attorney(s) appearing for the Case

Allen R. Morganstern and Richard Hartman for appellants.

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

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum.


MEMORANDUM.

The order of the Appellate Division in each of the three proceedings should be affirmed, without costs, on the opinion of Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division. Termination pay, although includible in the "final average salary" for pension purposes, was properly limited to that portion attributable to the last three years of service. The Appellate...

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