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COLLER v. STATE UNIV. OF NY

80 A.D.2d 166 (1981)

In the Matter of Barry S. Coller et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. State University of New York et al., Respondents

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

April 30, 1981

Attorney(s) appearing for the Case

Bernard F. Ashe (Ivor R. Moskowitz of counsel), for appellants.

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

SWEENEY, KANE, CASEY and WEISS, JJ., concur.

MAHONEY, P. J.

Petitioners are employees of the State University of New York (SUNY) and are employed at various colleges which are constituent parts of SUNY. Pursuant to section 393 of the Education Law, eligible employees of SUNY are permitted to elect participation in an optional pension plan selected by SUNY in lieu of the New York State Teachers' Retirement System or the New York State Employees' Retirement...

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