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WEINGARTEN v. BD. OF TRUSTEES

98 N.Y.2d 575 (2002)

780 N.E.2d 174

750 N.Y.S.2d 573

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.

Court of Appeals of the State of New York.

Decided October 22, 2002.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Alan Beckoff, Stephen J. McGrath, Anshel David, Susan Sanders and Jay Douglas Dean of counsel), for appellants.

Stroock & Stroock & Lavan LLP, New York City (Charles G. Moerdler, Alan M. Klinger and Faith A. Kaminsky of counsel), and Carol L. Gerstl for respondents.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY and ROSENBLATT concur; Judge CIPARICK taking no part.

OPINION OF THE COURT

GRAFFEO, J.

The issue presented by this appeal is whether certain hourly compensation—known as "per session" compensation—earned by teachers in New York City public schools can be added to their base annual salaries for the purpose of calculating their retirement benefits. Under the statutory scheme governing pensions, we conclude that these earnings can be added to the...

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