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LYNCH v. CITY OF NEW YORK

No. 44.

35 N.Y.3d 517 (2020)

159 N.E.3d 213

134 N.Y.S.3d 297

2020 NY Slip Op 05841

PATRICK LYNCH, as President of the Patrolmen's Benevolent Association of the City of New York, Inc., on Behalf of the POLICE OFFICERS WHO HAVE BEEN OR MAY IN THE FUTURE BE AGGRIEVED, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Court of Appeals of New York.

Decided October 20, 2020.

Attorney(s) appearing for the Case

Friedman Kaplan Seiler & Adelman, LLP, New York City ( Robert S. Smith , of counsel), Rivkin Radler, LLP, Uniondale ( Cheryl F. Korman and Henry Mascia of counsel), and Michael T. Murray , Office of the General Counsel of the Police Benevolent Association of the City of New York, Inc., New York Cty ( Gaurav I. Shah , David W. Morris , and Christopher T. Luise of counsel), for appellants.

Zachary W. Carter , Corporation Council of the City of New York, New York City ( John Moore , Richard Dearing and Claude S. Platton of counsel), for respondents.

OPINION OF THE COURT

The Appellate Division order should be reversed and Supreme Court's judgment declaring that defendants violated the second subdivision(h) of Administrative Code of the City of New York § 13-218 by excluding police officers in tier 3 of the state retirement...

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