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POGGI v. CITY OF NEW YORK

109 A.D.2d 265 (1985)

John E. Poggi et al., Respondents-Appellants, v. City of New York et al., Appellants-Respondents, and Samuel DeMilia, Individually and as President of the Patrolmen's Benevolent Association of The City of New York, Inc., et al., Intervenors-Appellants

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

July 2, 1985

Attorney(s) appearing for the Case

Jay C. Cooke of counsel (Renee Modry with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellants-respondents.

Murray A. Gordon of counsel (James D. Bilik with him on the brief; Gordon, Shechtman & Gordon, P. C., attorneys), for respondents-appellants.

Raymond E. Kerno of counsel (Joseph G. Metz with him on the brief; Richard Hartman, attorney), for intervenors-appellants.

FEIN, KASSAL and ROSENBERGER, JJ., concur with SULLIVAN, J. P.; ASCH, J., dissents in an opinion.

SULLIVAN, J. P.

Plaintiffs, eight retired superior officers of the Police Department of the City of New York, all of whom were members of the Police Pension Fund, Article 2 (Pension Fund) during their active service, seek to enjoin enforcement of section B18-27.1 (d) (1) of the Administrative Code of the City of New York which establishes a formula by which certain investment earnings of the Pension Fund are...

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