BARBARO v. RET. SYS.


147 Misc.2d 226 (1990)

Alfonso T. Barbaro, Petitioner, v. New York City Employees' Retirement System et al., Respondents. Edwin C. Waldeck, Petitioner, v. New York City Employees' Retirement System et al., Respondents.

Supreme Court, New York County.

April 30, 1990


Attorney(s) appearing for the Case

Kirschner & Cohen for petitioners. Victor A. Kovner, Corporation Counsel (Charles L. Finke of counsel), for respondents.


EDWARD H. LEHNER, J.

The primary issue raised in each of these two CPLR article 78 proceedings, consolidated herein for disposition, is whether the discharge of petitioners by the Department of Sanitation (the Department) was effective prior to the vesting of a deferred retirement allowance (the allowance) under section 13-173.1 of the Administrative Code of the City of New York (the Administrative Code)....

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