MATTER OF WALDECK v. NEW YORK CITY EMPLOYEES' RET. SYS.


81 N.Y.2d 804 (1993)

In the Matter of Edwin C. Waldeck, Appellant, v. New York City Employees' Retirement System et al., Respondents. In the Matter of Alfonse T. Barbaro, Appellant, v. New York City Employees' Retirement System et al., Respondents.

Court of Appeals of the State of New York.

Decided February 16, 1993.


Attorney(s) appearing for the Case

Kirschner & Cohen, P. C., Great Neck (Allen Cohen of counsel), for appellants.

O. Peter Sherwood, Corporation Counsel of New York City

(Elaine Rothenberg and Larry A. Sonnenshein of counsel), for respondents.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.


MEMORANDUM.

The order of the Appellate Division in each case should be affirmed, with costs.

Petitioners, uniformed sanitation workers, each brought a CPLR article 78 proceeding, in effect, challenging the effective dates of their respective discharges from employment. They argued that their firings were ineffective under section 13-173.1 of the Administrative Code of the City of New York, since they had not received...

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