WINSTON v. CITY OF NEW YORK

Nos. 132, 253, Dockets 84-7308, 84-7382.

759 F.2d 242 (1985)

Helen WINSTON, Harry Van Gorder and Natalie Vernon, Plaintiffs-Appellees-Cross-Appellants, v. The CITY OF NEW YORK, New York City Teachers, Retirement System, Board of Education of the City School District of the City of New York, Frank J. Macchiarola, as Chancellor of the City School District of the City of New York, Board of Education of Community School District 3, Gordon M. Ambach, as Commissioner of the New York State Department of Education, Defendants, The City of New York, New York City Teachers' Retirement System, Board of Education of the City School District of the City of New York, Frank J. Macchiarola, as Chancellor of the City School District of the City of New York, Board of Education of Community School District 3, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 5, 1985.


Attorney(s) appearing for the Case

J. Christopher Meagher, New York City (Stephen Mendelsohn, James R. Sandner, New York City, of counsel), for plaintiffs-appellees-cross-appellants.

Edward F.X. Hart, New York City (Larry A. Sonnenshein, Antonia Levine, Frederick A.O. Schwarz, Jr., New York City, of counsel), for defendants-appellants-cross-appellees.

Before VAN GRAAFEILAND and CARDAMONE, Circuit Judges and MacMAHON, District Judge.


CARDAMONE, Circuit Judge:

The main issue on this appeal is whether New York City public school teachers have a property interest in their pension rights protected under the due process clause of the 14th Amendment to the United States Constitution. Plaintiffs challenge a provision of the New York City Administrative Code, which provides that public school teachers dismissed for cause automatically forfeit their right to City-funded retirement benefits. A second issue...

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