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FARBER v. CITY OF UTICA

97 N.Y.2d 476 (2002)

769 N.E.2d 799

743 N.Y.S.2d 42

In the Matter of ARTHUR T. FARBER, Respondent, v. CITY OF UTICA et al., Appellants.

Court of Appeals of the State of New York.

Decided March 14, 2002.

Attorney(s) appearing for the Case

John W. Dillon, Corporation Counsel, Utica (Charles N. Brown of counsel), for appellants.

Mark A. Wolber, Utica, for respondent.

Donna M. C. Giliberto, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

CIPARICK, J.

On this appeal we are asked to determine a municipality's retirement payment obligation under General Municipal Law § 207-a. More precisely, the issue is whether the phrase "amounts received," in section 207-a (2) of the General Municipal Law, includes both base pension benefits and supplemental entitlements received pursuant to the Retirement and Social Security Law. We hold...

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