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LYNCH v. CITY OF NEW YORK

Index No. 655831/16. Appeal No. 13310. Case No. 2019-03925.

194 A.D.3d 416 (2021)

2021 NY Slip Op 02751

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

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Friedman Kaplan Seiler & Adelman LLP, New York ( Robert S. Smith of counsel), for appellants-respondents.

James E. Johnson , Corporation Counsel, New York ( John Moore of counsel), for respondents-appellants.

Concur—Manzanet-Daniels, J.P., Kapnick, Kennedy, Shulman, JJ.

Supreme Court properly converted this action seeking declaratory relief into a CPLR article 78 proceeding, since the "critical issue in the administration" of the retirement plans at issue "is the interpretation of the statute[s]" governing credit transfers, purchase, and buy-backs, and "when that issue is resolved it remains only for the [City] to perform ministerial acts, the making of arithmetic reckonings" (Matter of Town of Arietta v State Bd. of Equalization &...

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