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BOCES v. STATE

236 A.D.2d 84 (1997)

664 N.Y.S.2d 149

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

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

November 13, 1997

Attorney(s) appearing for the Case

O'Connell & Riley, Pearl River (James K. Riley of counsel), for appellants in Action No. 1.

Cahn, Wishod & Lamb, Melville (Eugene L. Wishod of counsel), for appellants in Action No. 3.

Cooper, Sapir & Cohen, P. C., Melville (David M. Cohen of counsel), for appellants in Action No. 4.

Dennis C. Vacco, Attorney-General, Albany (Peter G. Crary and Peter H. Schiff of counsel), for State of New York and others, respondents.

MIKOLL, MERCURE, CASEY and YESAWICH JR., JJ., concur.

CARDONA, P. J.

Plaintiffs commenced three declaratory judgment actions, later consolidated, to challenge the constitutionality of Retirement and Social Security Law § 803 (L 1993, ch 437). That statute permits current members of a public retirement system, who did not join when they first became eligible because they were unaware of their right to do so, to obtain retroactive membership to the date when...

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