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MATTER OF MAINELLO v. McCALL

252 A.D.2d 235 (1999)

684 N.Y.S.2d 83

In the Matter of John A. Mainello, Jr., Appellant, v. H. Carl McCall, as Comptroller of The State of New York, et al., Respondents

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

January 21, 1999

Attorney(s) appearing for the Case

Tobin & Dempf, Albany (Mark A. Mainello of counsel), for appellant.

Eliot Spitzer, Attorney-General, Albany (Lew A. Millenbach of counsel), for respondents.

MIKOLL, PETERS and CARPINELLO, JJ., concur with MERCURE, J.; CARDONA, P. J., dissents in a separate opinion.

MERCURE, J.

The premise underlying this proceeding is that Retirement and Social Security Law § 381-b (e), as amended by Laws of 1988 (ch 759), which required that petitioner be retired from his position as Assistant Deputy Superintendent with the Division of State Police at the conclusion of the year in which he attained age 57, violates the Nonimpairment Clause of the NY Constitution (NY Const, art V...

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