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BOCES v. STATE OF NEW YORK

171 Misc.2d 585 (1996)

654 N.Y.S.2d 954

Board of Cooperative Educational Services for the Sole Supervisory District of Rockland County et al., Plaintiffs, v. State of New York et al., Defendants. (Action No. 1.) Bayport-Blue Point Union Free School District et al., Plaintiffs, v. New York State Teachers' Retirement System et al., Defendants. (Action No. 3.) Town of Brookhaven et al., Plaintiffs, v. New York State Employees' Retirement System et al., Defendants. (Action No. 4.)

Supreme Court, Albany County.

November 5, 1996

Attorney(s) appearing for the Case

O'Connell & Rilby, Pearl River (Thomas O'Connell of counsel), for plaintiffs in action No. 1. Cahn, Wishod & Lamb, L. L. P., Melville (Robert H. Cohen of counsel), for plaintiffs in action No. 3. Cooper, Sapir & Cohen, P. C., Melville (David M. Cohen of counsel), for plaintiffs in action No. 4. Dennis C. Vacco, Attorney-General, Albany (Anthony B. Quartararo of counsel), for State of New York and others, defendants. Harold G. Beyer, Albany, for Anita Bernstein, defendant in action No. 1.

THOMAS W. KEEGAN, J.

Originally there were several declaratory judgment actions throughout the State challenging the constitutionality of section 803 of the Retirement and Social Security Law. Board of Coop. Educ. Servs. v New York State Teachers' Retirement Sys. (BOCES) was brought in Albany County, and assigned to this court from the outset. There is a motion pending before this court seeking to consolidate...

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