DI GIACOMO v. CITY OF NY


58 A.D.2d 347 (1977)

In the Matter of Joseph Di Giacomo et al., Appellants, v. City of New York et al., Respondents

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

July 14, 1977


Attorney(s) appearing for the Case

Richard A. Dienst of counsel (Schofield & Dienst, attorneys), for appellants.

Irving Cohen of counsel (Leonard Koerner with him on the brief; W. Bernard Richland, Corporation Counsel), for respondents.

CAPOZZOLI, J., concurs in an opinion; MARKEWICH, J., concurs in an opinion; BIRNS and SILVERMAN, JJ., dissent in part in an opinion by SILVERMAN, J.


LUPIANO, J.

Special Term aptly described this article 78 proceeding as one "for a judgment requiring respondents to pay to petitioners, who are retirees on ordinary disability after more than twenty years of service, a pension for increased take-home pay for service time beyond twenty years of service." The sole issue presented on appeal is whether Special Term was correct in granting the respondents' cross motion...

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