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BAKER v. REGAN

114 A.D.2d 187 (1986)

In the Matter of Edward A. Baker, Respondent, v. Edward V. Regan, as State Comptroller and Administrator of The New York State Employees' Retirement System, Appellant. (And Six Other Related Proceedings.)

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

February 13, 1986

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Frank K. Walsh of counsel), for appellant.

Casey, Yanas, Clyne, Mitchell & Amerling (John J. Clyne of counsel), for Edward A. Baker, respondent.

Axelrod, Cornachio & Famighetti (Joseph P. Famighetti of counsel), for Richard C. Delin and others, respondents.

Giaimo & Vreeburg (Joseph O. Giaimo of counsel), for William C. Brennan and others, respondents.

KANE and WEISS, JJ., concur with CASEY, J.; MAHONEY, P. J., and LEVINE, J., dissent and vote to affirm in an opinion by MAHONEY, P. J.

CASEY, J.

Each petitioner filed for retirement benefits between the date of reelection to their respective judicial offices in November and the following January 1, when their reelection terms commenced. Thus, after the commencement of their new terms, each petitioner began receiving retirement benefits in addition to a full judicial salary, a practice vernacularly referred to as "double dipping". It is generally...

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