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BALLENTINE v. KOCH

89 N.Y.2d 51 (1996)

674 N.E.2d 292

651 N.Y.S.2d 362

David Ballentine et al., Appellants, v. Edward I. Koch, Individually and as Mayor of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 22, 1996.

Attorney(s) appearing for the Case

William F. Smith, Garnerville, and Christopher J. Aventuro for appellants.

Paul A. Crotty, Corporation Counsel of New York City (James J. Dwyer, Ellen B. Fishman, Susan Sanders and Alan Beckoff of counsel), for respondents.

Ronald Podolsky, Hauppauge, for Variable Supplement Committee, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH and CIPARICK concur; Judge BELLACOSA concurs on constraint of Poggi v City of New York (, affd ) insofar as it controls the rationale and result in this case.

LEVINE, J.

Plaintiffs, retired New York City police officers who receive or are eligible to receive payments from the Police Officer's Variable Supplements Fund (POVSF), challenge chapter 247 of the Laws of 1988, which changed the funding and benefit structure of the POVSF, as an unconstitutional impairment of contractual pension rights in violation of article V, § 7 of the New York Constitution and the Federal...

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