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WEINGARTEN v. BD. OF TRUSTEES

287 A.D.2d 14 (2001)

733 N.Y.S.2d 136

RHONDA WEINGARTEN, as President of United Federation of Teachers, Local 2, American Federation of Teachers, AFL-CIO, et al., Respondents, v. BOARD OF TRUSTEES OF THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM et al., Appellants.

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

November 8, 2001.

Attorney(s) appearing for the Case

Charles G. Moerdler of counsel, New York City (Alan M. Klinger, Faith A. Kaminsky and Joseph E. Strauss on the brief; Stroock & Stroock & Lavan, L. L. P., and Carol L. Gerstl, attorneys), for respondents.

Alan Beckoff of counsel, New York City (Stephen J. McGrath, Anshel David, Susan Sanders and Jay Douglas Dean on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellants.

NARDELLI, J. P., MAZZARELLI and SAXE, JJ., concur.

OPINION OF THE COURT

TOM, J.

The issue in this appeal concerns whether certain hourly wages earned in addition to regular annual salary should be included in the computation of city teachers' retirement benefits. More specifically, plaintiffs are challenging defendant New York City Teachers' Retirement System's (TRS) exclusion, from the determination of retirement benefits, of "per session" activities. These activities include summer and evening school,...

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