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MICHAEL v. BELLAMY

80 A.D.2d 147 (1981)

Philip R. Michael, as a Member of The Board of Trustees of the New York City Employees' Retirement System, Plaintiff, v. Carol Bellamy et al., Constituting a Majority of The Board of Trustees of the New York City Employees' Retirement System, Defendants

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

April 16, 1981

Attorney(s) appearing for the Case

James J. Dwyer of counsel (Leonard Koerner and Paul T. Rephen with him on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for plaintiff.

Laurence R. Kruteck of counsel (Ann W. Schulman with him on the brief; Cohn Glickstein Lurie Ostrin Lubell & Lubell, attorneys), for defendants.

BIRNS, J. P., SANDLER and SILVERMAN, JJ., concur.

FEIN, J.

This action is submitted pursuant to CPLR 3222 upon an agreed statement of facts dated September 22, 1980. The controversy involves the validity of a resolution adopted by the Board of Trustees (Board) of the New York City Employees' Retirement System (System) on October 6, 1978 by the votes of defendants, all members of the Board over the lone dissenting vote of plaintiff who is also a member of the Board. The underlying question is the proper...

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