McGarvey v. Regan

OPINION OF THE COURT

William H. Keniry, J.

Petitioners in this CPLR article 78 proceeding challenge the constitutionality of section 243 of the Military Law upon the ground that it allegedly violates the Equal Protection Clause of the Fourteenth Amendment of the US Constitution.

All of the 17 petitioners are active police officers who are members of the Suffolk County Police Department. Each petitioner is a member of and participant in the respondent New York State Policemen’s and Firemen’s Retirement System (retirement system) which is administered by the respondent Edward V. Regan, Comptroller…