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WESTCHESTER CIV SERV v. LEVITT

37 N.Y.2d 519 (1975)

Westchester Chapter, Civil Service Employees Association, Inc., et al., Appellants, v. Arthur Levitt, as Trustee of the New York State Employees Retirement System and as Comptroller of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 17, 1975.

Attorney(s) appearing for the Case

Arthur H. Grae for appellants.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Ruth Kessler Toch of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.

Per Curiam.

There are two issues raised by appellants, and those only are considered by the court. The first is whether the nonimpairment clause of the State Constitution (art V, § 7) bars the statutory provisions permitting the State Comptroller to act in a dual capacity as the seller of State obligations on behalf of the State and the buyer of such obligations as the "trustee" of the funds of a retirement system...

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