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McDERMOTT v. REGAN

191 A.D.2d 47 (1993)

Joseph E. McDermott, Individually and as President of The Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO et al., Respondents, v. Edward V. Regan, as Comptroller of The State of New York, et al., Respondents, and State of New York, Appellant. (And Two Other Related Actions.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 1, 1993

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Peter G. Crary of counsel), for appellant.

Nancy E. Hoffman, Albany, for Joseph E. McDermott and others, respondents.

Gail Hill Gordon, Albany (John F. Black of counsel), for Edward V. Regan and others, respondents.

Dreyer, Boyajian & Tuttle, Albany (James B. Tuttle of counsel), for Edward W. Guzdek and others, respondents.

Rowley, Forrest, O'Donnell & Hite, Albany (Richard R. Rowley of counsel), for District Council 82, respondent.

Richard E. Casagrande, Albany (Jeffrey G. Plant of counsel), for Howard A. Shafer and others, respondents.

LEVINE, MERCURE, MAHONEY and HARVEY, JJ., concur.

YESAWICH JR., J. P.

The New York Constitution provides that public employees of New York and its subdivisions, and their designated beneficiaries, have a constitutionally established contract right to the benefits of membership in the public retirement system to which they belong, as those benefits existed at the time they joined the system (see, NY Const, art...

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