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McCALL v. STATE OF NEW YORK

219 A.D.2d 136 (1996)

640 N.Y.S.2d 347

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.

April 4, 1996

Attorney(s) appearing for the Case

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

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Max Gitter, Gerard E. Harper, Claudia L. Hammerman and H. Christopher Boehning of counsel), for H. Carl McCall and others, respondents.

Bohl, Della Rocca & Dorfman, P. C., Albany (James B. Tuttle of counsel), for Edward W. Guzdek and others, respondents.

Nancy E. Hoffman, Albany (Marilyn S. Dymond of counsel), for Civil Service Employees Association, amicus curiae.

Terri S. Blank, New York City, for New York City Employees' Retirement System, amicus curiae.

Peter Henner, Clarksville, for Retired Public Employees Association, amicus curiae.

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

Mary Ellen Signorille, Washington, D.C. (Peter C. Nelson, Rochester [Shapiro, Rosenbaum & Liebschutz] of counsel), for American Association of Retired Persons, amicus curiae.

Janet Axelrod, Albany, for National Education Association of New York, amicus curiae.

MIKOLL, J. P., MERCURE, CREW III and PETERS, JJ., concur.

YESAWICH JR., J.

Plaintiff Comptroller is the administrator of the State and Local Employees' Retirement System and the State and Local Police and Fire Retirement System (hereinafter the retirement systems), as well as the sole trustee of the Common Retirement Fund (hereinafter CRF), which consists of "all of the assets and income" (Retirement and Social Security Law § 422 [1]) of those two systems (

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