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KLEINFELDT v. NYC EMPLOYEES' SYS.

36 N.Y.2d 95 (1975)

Robert H. Kleinfeldt, on Behalf of Himself and All Others Similarly Situated, et al., Respondents, v. New York City Employees' Retirement System, Appellant, and Attorney-General of the State of New York, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1975.

Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Nina G. Goldstein and L. Kevin Sheridan of counsel), for appellant.

Michael Klein for respondents.

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

Charles G. Moerdler and Vivienne W. Nearing for The Uniformed Sanitationmen's Association, amicus curiae.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

In a class action the New York City Employees' Retirement System and the State's Attorney-General, as intervenor, appeal from the granting of a summary declaratory judgment to plaintiff, a New York City transit employee. The judgment declared that subdivision 4 of section 431 of the Retirement and Social Security Law, as applied to any civil service employee who became a member of a public...

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