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LYNCH v. CITY OF NEW YORK

8985.

108 A.D.3d 94 (2013)

965 N.Y.S.2d 441

2013 NY Slip Op 3581

PATRICK LYNCH, as President of the Patrolmen's Benevolent Association of the City of New York, Inc., et al., Respondents-Appellants, et al., Plaintiff, v. CITY OF NEW YORK et al., Appellants-Respondents.

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

Decided May 16, 2013.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Paul T. Rephen of counsel), for appellants-respondents.

Michael T. Murray , New York City ( Allison E. Maue and Nancy K. Picknally of counsel), for Patrick Lynch and another, respondents-appellants.

Seelig Law Offices, LLC, New York City ( Philip H. Seelig of counsel), for Roy Richter, respondent-appellant.

SWEENY and MANZANET-DANIELS, JJ., concur with ACOSTA, J.; FRIEDMAN, J.P., dissents in part in a separate opinion.

OPINION OF THE COURT

ACOSTA, J.

The primary issue before the Court is whether the City of New York's decision to not apply an increased-take-home-pay (ITHP) benefit to police officers and firefighters placed into tier 3 of the retirement system after July 1, 2009, and to continue deducting 3% of their wages towards their retirement benefits, violates Retirement and Social Security Law § 440 (b). We hold...

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