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  5. 49 N.Y.2d 1033 (1980)
 

CITY BLDG. EMPLOYEES' ASS'N v. LEVITT

49 N.Y.2d 1033 (1980)

City Building Employees' Association et al., Appellants, v. Arthur Levitt, as Comptroller of the State of New York, et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 8, 1980.

Attorney(s) appearing for the Case

John W. Vogel and Edward J. Degnan for appellants.

Robert Abrams, Attorney-General (John Q. Driscoll and Shirley Adelson Siegel of counsel), for respondents.

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

MEMORANDUM.

The order appealed from should be affirmed, with costs. Although brought in the form of an action seeking declaratory relief, insofar as plaintiff seeks to compel the Comptroller and the State Retirement System to accept for filing a modification in the benefits provided plaintiff's members by the State Retirement System, the action is subject to the four-month Statute of Limitations applicable to article 78...

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