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BECKER v. CITY OF NEW YORK

249 A.D.2d 96 (1998)

671 N.Y.S.2d 88

Abraham Becker et al., on Behalf of Themselves and All Other Employees Similarly Situated, Respondents-Appellants, v. City of New York et al., Appellants-Respondents

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

April 14, 1998

The facts of this case are not in dispute. Plaintiffs, former managerial employees of the City of New York, elected to take advantage of early retirement between July 1, 1990 and June 30, 1992. Subsequently, a retroactive salary increase of 3.5 percent was granted to managerial employees by executive order (Mayor's Personnel Order No. 92/6 [Aug. 13, 1992]). The order expressly conditions eligibility for the increase on active duty status as of June 30, 1992. Plaintiffs thereafter...

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