C. S. D. NO. 2 v. RET. SYS.


23 N.Y.2d 213 (1968)

In the Matter of Central School District No. 2 of Towns of Coeymans, New Scotland, Bethlehem and New Baltimore et al., Appellants, v. New York State Teachers' Retirement System et al., Respondents.

Court of Appeals of the State of New York.

Decided November 21, 1968.


Attorney(s) appearing for the Case

John P. Walsh, James B. Donovan and Raymond J. Messina for appellants.

Bruce Bromley, Alan J. Hruska and Donald Strauber for respondents.

Judges SCILEPPI, BERGAN and KEATING concur with Chief Judge FULD; Judge BREITEL dissents and votes to modify in a separate opinion in which Judges BURKE and JASEN concur.


Chief Judge FULD.

This appeal poses important and far-reaching questions as to the administration of the New York State Teachers' Retirement System. More particularly, it concerns the power of the System's Retirement Board to take certain factors into account in computing and fixing the rates of employers' contributions.

The petitioners are local school districts which initiated this proceeding, pursuant...

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