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CARROLL v. RET. SYS.

101 Misc.2d 938 (1979)

In the Matter of John T. Carroll, Petitioner, v. New York City Employees' Retirement System et al., Respondents.

Supreme Court, Special Term, New York County.

July 26, 1979.

Attorney(s) appearing for the Case

Gordon & Shechtman, P. C. (Murray A. Gordon and Kenneth E. Gordon of counsel), for petitioner. Allen G. Schwartz, Corporation Counsel (James J. Dwyer of counsel), for respondents.

BENTLEY KASSAL, J.

ISSUE

The issues raised on this CPLR article 78 proceeding are (1) whether a former municipal pension provision, which permitted retired employees to re-enter city service and subsequently re-retire with an additional pension, grants the employee a constitutionally protected vested right which may not be impaired by subsequent changes in the pension system, and (2) whether, upon...

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