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CSEA v. REGAN

129 A.D.2d 378 (1987)

Civil Service Employees Association Inc. et al., Respondents, v. Edward V. Regan, as Comptroller of The State of New York, et al., Appellants

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

July 16, 1987

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter G. Crary and Peter H. Schiff of counsel), for appellants.

Marjorie Karowe for respondents.

Christopher Gardner for Council 82, AFSCME, and Richard E. Casagrande (Rebecca Caudle of counsel), for PEF, AFL-CIO, amici curiae.

KANE, J. P., MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

HARVEY, J.

The issue on appeal is whether persons commencing public employment and joining defendant New York State Employees Retirement System (hereinafter the Retirement System) between July 1, 1976 and December 31, 1976 are entitled to permanent coverage by the provisions of Retirement and Social Security Law article 11, commonly known as Tier II. Plaintiffs Bernard E. Nogas and William C. Waterhouse commenced...

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