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  5. 37 N.Y.2d 507 (1975)
 

SGAGLIONE v. LEVITT

37 N.Y.2d 507 (1975)

Al Sgaglione et al., Individually and on Behalf of All Others Similarly Situated, et al., Appellants, v. Arthur Levitt, as Comptroller of the State of New York, Respondent. Civil Service Employees Association, Inc., et al., Appellants, v. Arthur Levitt, as Sole Trustee and Administrative Head of the Employees' Retirement System and Comptroller of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided September 29, 1975.

Attorney(s) appearing for the Case

Arthur J. Harvey for Al Sgaglione and Police Conference of New York, Inc., appellants in the first above-entitled action.

James W. Roemer, Jr., for appellants in the second above-entitled action.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondent in the first and second above-entitled actions.

Martin Kleinbard and Dean B. Allison for the Municipal Assistance Corporation for the City of New York, amicus curiae.

Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Chief Judge BREITEL; Judge COOKE dissents and votes to affirm in a separate opinion.

Chief Judge BREITEL.

These are direct appeals (NY Const, art VI, § 3, subd b, par [2]; CPLR 5601, subd [b], par 2) from judgments at Special Term, on summary judgment declaring section 14 of the New York State Financial Emergency Act for the City of New York (L 1975, chs 868, 869, 870) not violative of section 7 of article V of the State Constitution and therefore valid. Plaintiffs, who urge that section...

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