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DRS COUNCIL v. RET. SYS

127 A.D.2d 380 (1987)

Doctors Council et al., Appellants-Respondents, v. New York City Employees' Retirement System et al., Respondents-Appellants

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

May 5, 1987

Attorney(s) appearing for the Case

Richard M. Betheil of counsel (Ronald H. Shechtman with him on the brief; Pryor, Cashman, Sherman & Flynn, attorneys), for appellants-respondents.

Carolyn A. Reed of counsel (Fay Leoussis with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for respondents-appellants.

Joel Giller of counsel (Beverly Gross attorney), for Victor Gotbaum, as Executive Director of District Council 37, American Federation of State, County and Municipal Employees, amicus curiae.

ASCH and WALLACH, JJ., concur with SULLIVAN, J.; MURPHY, P. J., dissents in an opinion.

SULLIVAN, J.

Plaintiffs, seven part-time doctors employed by the City of New York or the New York City Health and Hospitals Corporation (HHC), joined by their collective bargaining representative, Doctors Council, have brought this action seeking, inter alia, a declaration that they are entitled to membership in the New York City Employees' Retirement System (NYCERS). Defendants, NYCERS and the chairman...

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