Gammone v. Murphy

Proceeding pursuant to CPLR article 78, in effect, to compel the respondents to refund to participants in the “ [t]wenty-five-year and age fifty-five retirement program for New York City transit authority members” pursuant to Retirement and Social Security Law § 604-b, certain membership contributions.

Adjudged that the petition is denied and the proceeding is dismissed on the merits, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court erred in transferring this proceeding to this Court (see Matter of Anonymous v Grievance Comm. of State…