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MATTER OF BAKER v. REGAN

68 N.Y.2d 335 (1986)

In the Matter of Edward A. Baker, Appellant, v. Edward V. Regan, as State Comptroller and Administrator of the New York State Employees' Retirement System, Respondent. In the Matter of William J. Dempsey, Appellant, v. Edward V. Regan, as State Comptroller and Administrator of the New York State Employees' Retirement System, Respondent. In the Matter of William C. Brennan, Appellant, v. Edward V. Regan, as State Comptroller, et al., Respondents. In the Matter of Charles P. Garvey, Appellant, v. Edward V. Regan, as State Comptroller, et al., Respondents. In the Matter of Thomas V. Lafauci, Appellant, v. Edward V. Regan, as State Comptroller, et al., Respondents. In the Matter of Orest V. Maresca, Appellant, v. Edward V. Regan, as State Comptroller, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 18, 1986.

Attorney(s) appearing for the Case

John J. Clyne for appellant in the first above-entitled proceeding.

Joseph P. Famighetti for appellant in the second above-entitled proceeding.

Joseph O. Giaimo for appellants in the third, fourth, fifth and sixth above-entitled proceedings.

Robert Abrams, Attorney-General (Frank K. Walsh, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents in the first, second, third, fourth, fifth and sixth above-entitled proceedings.

Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in Per Curiam opinion; Chief Judge WACHTLER taking no part.

Per Curiam.

Appellants are sitting Judges of the Unified Court System who, following their respective reelections in November of various years since 1977 but prior to commencing their new terms of office in January of the following year, applied to the New York State Retirement System for retirement benefits and thereafter retired on or before the date of the commencement of their new term of office. After the commencement...

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