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  5. 64 N.Y.2d 1103 (1985)
 

MATTER OF LYNCH v. NEW YORK CITY EMPLOYEES' RET. SYS.

64 N.Y.2d 1103 (1985)

In the Matter of Gladys Lynch, Respondent, v. New York City Employees' Retirement System et al., Appellants.

Court of Appeals of the State of New York.

Decided March 26, 1985.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Gillian Sacks and Stephen J. McGrath of counsel), for appellant.

Susan I. Lubowitz, Stephen F. Gordon and Jeffrey L. Kreisberg for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, for the reasons stated in the dissenting opinion of Justice Samuel J. Silverman (103 A.D.2d 695, 697), except we conclude that there remains no issue of fact relating to the meaning and effect of the stipulation and, therefore, the petition should be dismissed.

Order reversed, with costs, and petition...

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