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CITY BLDG. EMPLOYEES' ASS'N v. LEVITT

67 A.D.2d 806 (1979)

City Building Employees' Association et al., Respondents, v. Arthur Levitt, as Comptroller of The State of New York and Administrative Head of The New York State Employees' Retirement System, Appellant

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

January 19, 1979

Order unanimously reversed, without costs, defendant's motion granted and complaint dismissed.

Memorandum:

The question presented on this appeal is whether a participating employer in the New York State Employees' Retirement System may extend optional retirement benefits to one group of its employees pursuant to a collective bargaining agreement without extending the same benefits to all of its employees. The answer...

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