POGGI v. CITY OF NEW YORK


67 N.Y.2d 794 (1986)

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

Court of Appeals of the State of New York.

Decided March 18, 1986.


Attorney(s) appearing for the Case

Murray A. Gordon and James D. Bilik for appellants.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Jay C. Cooke and Paul T. Rephen of counsel), for respondents.

Raymond E. Kerno and Richard Hartman for intervenors-respondents.

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


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice Sullivan. We note that we do not reach the question whether the variable supplements funds constitute a pension or retirement benefit. That question is unnecessary to the determination of the issues before us: whether plaintiffs' pension contract rights or their equal protection rights have been...

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