FRANK v. LEVITT


47 N.Y.2d 853 (1979)

Louis J. Frank, as Commissioner of the Nassau County Police Department, et al., Respondents, v. Arthur Levitt, State Comptroller, as Head of the New York State Policemen's and Firemen's Retirement System, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 7, 1979.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert S. Hammer and Samuel A. Hirshowitz of counsel), for Arthur Levitt, as State Comptroller, appellant.

Allen M. Kranz for James R. Sutton and others, appellants.

Edward G. McCabe, County Attorney (Joshua A. Elkin and William S. Norden of counsel), for respondents.

John W. Park, Corporation Counsel (Kenneth Auerbach of counsel), for City of Binghamton, amicus curiae.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the proceeding dismissed.

Petitioner seeks judicial review of determinations of the State Comptroller with respect to applications for benefits under the Policemen's and Firemen's Retirement System and of the Comptroller's underlying position that an application for ordinary disability retirement allowance for a policeman member...

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