Di Giacomo v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLupiano, J.
Special Term aptly described this article 78 proceeding as one "for a judgment requiring respondents to pay to petitioners, who are retirees on ordinary disability after more than twenty years of service, a pension for increased take-home pay for service time beyond twenty years of service.” The sole issue presented on appeal is whether Special Term was correct in granting the respondents’ cross motion to dismiss the petition on the ground "that, as a matter of law, petitioners have not stated a cause of action for pension benefits, in addition to those prescribed in the applicable statute,…
2Cases cited7 opinions
- Board of Education of Union Free School District No. 3 of Huntington v. Associated Teachers of Huntington, Inc.New York Court of Appeals · 1972
- Trustees of Exempt Firemen's Benevolent Fund v. RoomeNew York Court of Appeals · 1883
- Gorman v. City of New YorkNew York Court of Appeals · 1952
- Carroll v. GrumetAppellate Division of the Supreme Court of the State of New York · 1952
- Gorman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1952
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ballentine v. KochNew York Court of Appeals · 1996
- Claim of Carney v. Newburgh Park MotorsAppellate Division of the Supreme Court of the State of New York · 1981
- Goldfarb v. GoldfarbAppellate Division of the Supreme Court of the State of New York · 1982
- Castellano v. Board of Trustees of the Police Officers' Variable Supplements FundCourt of Appeals for the Second Circuit · 1991
- Peter R.. Castellano v. Board Of Trustees Of The Police Officers' Variable Supplements FundCourt of Appeals for the Second Circuit · 1991
4 more not listed; retrieve them via the Exa API.