MATTER OF OVERTON v. TOWN OF SOUTHAMPTON


273 A.D.2d 242 (2000)

708 N.Y.S.2d 462

In the Matter of JAMES P. OVERTON, Appellant, v. TOWN OF SOUTHAMPTON, Respondent.

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

Decided June 5, 2000.


Ordered that the judgment is reversed, on the law, with costs, the petition is granted insofar as asserted against the Town of Southampton, and the resolution in question adopted by the Town of Southampton on November 23, 1999, is annulled.

The petitioner is the Police Chief for the Town of Southampton (hereinafter the Town). When he joined the Police Department, he enrolled in a 25-year retirement plan with a mandatory retirement age of 70. He subsequently transferred...

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