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MATTER OF BERGER v. CHU

114 A.D.2d 691 (1985)

In the Matter of Roger Berger et al., Appellants, v. Roderick G. W. Chu, as Commissioner of The Department of Taxation and Finance and as President of The Tax Commission of the Department of Taxation and Finance of the State of New York, et al., Respondents

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

October 31, 1985

Mahoney, P. J.

Each of the four petitioners was employed, in permanent status, as an excise tax investigator for the State Department of Taxation and Finance. Four individuals (hereinafter respondents) who were also employed in the same position were retired New York City policemen. In May of 1983, the Department determined that the positions of a number of excise tax investigators had to be terminated. Having...

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