Buffalo Niagara Airport Firefighters Ass'n v. DiNapoli

Appeal from a judgment of the Supreme Court (Devine, J.), entered February 23, 2012 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Comptroller finding that certain firefighters were not eligible to participate in a noncontributing special retirement plan.

In 2009, in response to an “unprecedented” fiscal crisis (Governor’s Program Bill Mem No. 213 at 7, Bill Jacket, L 2009, ch 504 at 13, 2009 NY Legis Ann at 314), the Legislature revamped the state’s retirement system and created a new tier 5…