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REGAN v. HEIMBACH

91 A.D.2d 71 (1983)

Edward V. Regan, as Comptroller of The State of New York and Head of the New York State Employees' Retirement System, Plaintiff, v. Louis Heimbach, as County Executive of The County of Orange, et al., Defendants

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

January 6, 1983

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter G. Crary and William J. Kogan of counsel), for plaintiff.

James G. Sweeney, County Attorney, for defendants.

CASEY, J. P., MIKOLL, YESAWICH, JR., and WEISS, JJ., concur.

LEVINE, J.

Under the terms of a collective bargaining agreement with the Civil Service Employees Association, since January 1, 1979 defendant Orange County (county) has been paying its employees' contributions to FICA. The county, however, has refused plaintiff's request to take these payments into account in making its annual contribution to the State retirement system pension fund. The parties have submitted their controversy pursuant to CPLR 3222 in...

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