PUB. EMPLOYEES v. CUOMO


62 N.Y.2d 450 (1984)

Public Employees Federation, AFL-CIO, Respondent-Appellant, v. Mario Cuomo, as Governor of the State of New York, et al., Appellants-Respondents. J. Michael Collins, Individually and on Behalf of All Others Similarly Situated, Respondent-Appellant, v. Mario Cuomo, as Governor of the State of New York, et al., Appellants-Respondents. Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, et al., Appellants-Respondents, v. Edward Regan, as Comptroller of the State of New York, et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided June 29, 1984.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (John Q. Driscoll and Peter H. Schiff of counsel), for appellants-respondents in the first and second above-entitled actions and for respondents-appellants in the third above-entitled action.

Arnold W. Proskin for respondent-appellant in the first and second above-entitled actions.

James W. Roemer, Jr., and Pauline Rogers Kinsella for appellants-respondents in the third above-entitled action.

Richard R. Rowley and Robert S. Hite for New York State Inspection, Security and Law Enforcement Employees, District Council 82, AFSCME, AFL-CIO, amicus curiae in the first and second above-entitled actions.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Michael Gage and Margaret G. King of counsel), for City of New York, amicus curiae in all three above-entitled actions.

Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Chief Judge COOKE taking no part.


SIMONS, J.

These appeals challenge the constitutionality of subdivision c of section 613 and subdivision c of section 606 of article 15 of the Retirement and Social Security Law (L 1983, ch 414, § 1, eff Sept. 1, 1983). Subdivision c of section 613 limits the rights of State employees hired on or after July 1, 1976 (commonly referred to as Tier III employees) to...

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