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MTR. OF McDERMOTT v. REGAN

155 Misc.2d 137 (1992)

In the Matter of Joseph E. McDermott, Individually and as President of the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, et al., Plaintiffs, and Howard A. Shafer, Individually and as President of the Public Employees Federation, AFL-CIO, Proposed Intervenor-Plaintiff, v. Edward V. Regan, as Comptroller of the State of New York, et al., Defendants. (Action No. 1.) In the Matter of Edward Guzdek, Individually and as President of the Police Conference of New York, Inc., et al., Plaintiffs, v. Edward V. Regan, as Comptroller of the State of New York, et al., Defendants. (Action No. 2.) Joseph P. Puma et al., Individually, and Joseph P. Puma, as Executive Director of New York State Inspection, Security and Law Enforcement Employees, District Council 82, American Federation of State, County and Municipal Employees, AFL-CIO, et al., Plaintiffs, v. Edward V. Regan, as Comptroller of the State of New York, et al., Defendants. (Action No. 3.)

Supreme Court, Albany County.

August 10, 1992

Attorney(s) appearing for the Case

Nancy E. Hoffman, Albany, for plaintiffs in action No. 1. Dreyer, Boyajian & Tuttle, Albany, for plaintiffs in action No. 2. Rowley, Forrest, O'Donnell & Hite, P. C., Albany, for plaintiffs in action No. 3. Richard E. Casagrande, Albany, for intervenor-plaintiff in action No. 1. Robert Abrams, Attorney-General, Albany (Alan S. Kaufman and Jeffrey M. Dvorin of counsel), for defendants.

HAROLD J. HUGHES, J.

All of the parties request summary judgment relief in these actions to declare chapter 210 of the Laws of 1990 unconstitutional for violating section 7 of article V of the New York State Constitution.

The individual plaintiffs are working and retired members of the Retirement Systems, as well as officers of the major unions representing public employees. The Common Retirement Fund...

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