LYNCH v. CITY OF NEW YORK

6995, 157286/15.

162 A.D.3d 589 (2018)

80 N.Y.S.3d 249

2018 NY Slip Op 04826

Patrick Lynch et al., Respondents, v. City of New York et al., Appellants.

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

Decided June 28, 2018.


Plaintiffs contend that defendants violated Administrative Code of City of NY § 13-218 (h) by excluding police officers in tier 3 of the state retirement system, i.e., officers who joined the system on or after July 1, 2009, from the retirement benefits conferred by the provision. Administrative Code § 13-218 (h) provides that "any member who is absent without pay for child care leve [sic] of absence pursuant to...

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