McCALL v. STATE OF NEW YORK


215 A.D.2d 1 (1995)

632 N.Y.S.2d 725

H. Carl McCall, as Comptroller of The State of New York, et al., Respondents, v. State of New York et al., Appellants, et al., Defendant. (Action No. 1.) Edward W. Guzdek, Individually and as President of The Police Conference of New York, Inc., et al., Respondents, v. State of New York, Appellant, et al., Defendant. (Action No. 2.)

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

October 26, 1995


Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Peter G. Crary, Victoria A. Graffeo, Peter H. Schiff and Lisa LeCours of counsel), for appellants.

Paula L. Chester, Albany (Kristina A. Burns of counsel), for H. Carl McCall and others, respondents.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Max Gitter, Claudia L. Hammerman, John F. Baughman and H. Christopher Boehning of counsel), for Dorothy L. Faragher and others, respondents.

John F. Black, Albany, for New York State and Local Retirement System, respondent.

Dreyer, Boyajian & Tuttle, Albany (James B. Tuttle of counsel), for Edward W. Guzdek and others, respondents.

Peter Henner, Albany, for Retired Public Employees Association Inc., amicus curiae.

Nancy E. Hoffman, Albany, for Civil Service Employees Association Inc., amicus curiae.

Altman & Plaine, Albany (Frederick M. Altman of counsel), for Retired Teachers Association Inc., amicus curiae.

Janet Axelrod, Albany (Paul D. Clayton of counsel), for National Education of New York, amicus curiae.

MIKOLL, J. P., CREW III, WHITE and SPAIN, JJ., concur.


YESAWICH JR., J.

At issue in these actions is legislation, signed into law on July 1, 1995, which, inter alia, increases the retirement benefits paid to certain former public employees by the State and Local Employees' Retirement System (hereinafter ERS) and the State and Local Police and Fire Retirement System (hereinafter PFRS) (see, L 1995, ch 119). The law (hereinafter chapter 119) increases...

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