MATTER OF GANLEY v. GIULIANI


94 N.Y.2d 207 (1999)

723 N.E.2d 73

701 N.Y.S.2d 324

In the Matter of ROBERT GANLEY, on Behalf of Himself and Other Former Members of the New York City Transit Authority and Housing Authority Police Departments, et al., Appellants, v. RUDOLPH W. GIULIANI, as Mayor of the City of New York, et al., Respondents. LIEUTENANTS' BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, by Its President, ANTHONY GARVEY, et al., Appellants, v. CITY OF NEW YORK et al., Respondents. In the Matter of STANLEY HILL, as Executive Director of District Council 37, American Federation of State, County, and Municipal Employees, AFL-CIO, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided November 30, 1999.


Attorney(s) appearing for the Case

Dienst & Serrins, L. L. P., New York City (Richard A. Dienst and Leslie H. Ben-Zvi of counsel), for appellants in the first above-entitled proceeding.

O'Donnell, Schwartz, Glanstein & Rosen, L. L. P., New York City (Joel C. Glanstein and Howard Wien of counsel), for appellants in the second above-entitled proceeding.

Michael D. Hess, Corporation Counsel of New York City (Jane S. Earle and Pamela Seider Dolgow of counsel), for Rudolph W. Giuliani and others, respondents in the first and second above-entitled proceedings.

Byron S. Menegakis, New York City, Jeffrey Schanback and Steven J. Rappaport for New York City Housing Authority, respondent in the second above-entitled proceeding.

Leonard D. Polletta, New York City, and Richard J. Ferreri for appellants in the third above-entitled proceeding.

Michael D. Hess, Corporation Counsel of New York City (Jane S. Earle and Pamela Seider Dolgow of counsel), for respondents in the third above-entitled proceeding.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and ROSENBLATT concur.


OPINION OF THE COURT

WESLEY, J.

In Matter of Legum v Goldin (55 N.Y.2d 104), this Court held that payments to the City of New York pursuant to section 1127 of the City Charter are premised on a contract between the City and certain of its nonresident employees. These related appeals now ask us to determine whether this section applies to nonresidents of the City...

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