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FLEMING v. GIULIANI

3 N.Y.3d 544 (2004)

821 N.E.2d 959

788 N.Y.S.2d 655

ROBERT FLEMING et al., Appellants, v. RUDOLPH W. GIULIANI, as Mayor of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 21, 2004.

Attorney(s) appearing for the Case

Dienst & Serrins, LLP, New York City (Richard A. Dienst of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Jane L. Gordon and Pamela Seider Dolgow of counsel), for respondents.

O'Donnell, Schwartz, Glanstein & Lilly LLP, New York City (Joel C. Glanstein and David M. Glanstein of counsel), for Lieutenants Benevolent Association of the City of New York, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

New York City Charter § 1127 requires an applicant for city employment to enter into a contract with the City in which the prospective employee agrees to make payments in lieu of personal income taxes — so-called "condition of employment payments" — should he or she reside outside the City. The primary issue we are asked to resolve in this case is whether...

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