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MATTER OF SAUER v. CAREY

50 N.Y.2d 858 (1980)

In the Matter of Donald Sauer, Appellant, v. Hugh Carey, as Governor and Chief Executive Officer of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 3, 1980.

Attorney(s) appearing for the Case

Jeffrey G. Plant and Gunter Dully for respondent.

Robert Abrams, Attorney-General (William J. Kogan and Shirley Adelson Siegel of counsel), for respondents.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Although petitioner, a State trooper, is a member of the Policemen's and Firemen's Retirement System described in article 8 of the Retirement and Social Security Law (Retirement and Social Security Law, § 302, subd 11, par a), it is readily apparent from the language of the statute that the special provisions of subdivision c of section...

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