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GAGLIARDO v. DINKINS

89 N.Y.2d 62 (1996)

674 N.E.2d 298

651 N.Y.S.2d 368

Joseph A. Gagliardo et al., Appellants, v. David Dinkins, as Mayor of the City of New York and as a Member of the Board of Trustees of the New York City Housing Police Officer's Variable Supplements Fund and New York City Housing Police Superior Officers' Variable Supplements Fund, et al., Respondents. Edward Ranieri et al., Appellants, v. David Dinkins, as Mayor of the City of New York and as a Member of the Board of Trustees of the Transit Police Officer's Variable Supplements Fund and Transit Police Superior Officers' Variable Supplements Fund, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 22, 1996.

Attorney(s) appearing for the Case

Ward, Eugene & Rowley, New York City (Rodney C. Ward, III, of counsel), for appellants in the first above-entitled action.

Paul A. Crotty, Corporation Counsel of New York City (James J. Dwyer, Pamela Seider Dolgow, Susan Sanders and John Hogrogian of counsel), for respondents in the first above-entitled action.

Kevin P. Fitzpatrick, P. C., Williston Park (Kevin P. Fitzpatrick of counsel), for appellants in the second above-entitled action.

Paul A. Crotty, Corporation Counsel of New York City (James J. Dwyer, Pamela Seider Dolgow, Susan Sanders and John Hogrogian of counsel), for respondents in the second above-entitled action.

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 these actions.

LEVINE, J.

These cases involve challenges to the statutory scheme that created variable supplements funds (VSFs) to provide additional financial benefits to certain retirees of the New York City Housing Police and the New York City Transit Police, based on attainment of a statutorily defined period of service.1 Plaintiffs in Gagliardo v Dinkins are retired New York City Housing...

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