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COOK v. CITY OF BINGHAMTON

67 A.D.2d 469 (1979)

Frederick W. Cook et al., Respondents-Appellants, v. City of Binghamton et al., Appellants-Respondents

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

May 3, 1979

Attorney(s) appearing for the Case

John W. Park (Kenneth Auerbach of counsel), for City of Binghamton, appellant-respondent.

Becker, Card, Levy & Richards, P. C. (Rodney A. Richards of counsel), for Village of Endicott, appellant-respondent.

Kenneth P. Helisek for Village of Johnson City, appellant-respondent.

Robert Abrams, Attorney-General (Lew A. Millenbach and Jeremiah Jochnowitz of counsel), for Arthur Levitt and another, appellants-respondents.

Night, Keller, O'Connor, Relihan & Blechman (Walter J. Relihan, Jr., of counsel), for respondents-appellants.

MAHONEY, P. J., SWEENEY, KANE and STALEY, JR., JJ., concur.

MAIN, J.

Plaintiffs were disabled firemen receiving benefits under the former section 207-a of the General Municipal Law (hereinafter, section 207-a) when, on November 9, 1977, they commenced the present action seeking a declaration that chapter 965 of the Laws of 1977 (hereinafter, chapter 965), which amended section 207-a and had an effective date of January 1, 1978, was unconstitutional. Prior to its amendment...

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