Winston v. City of New York
Court of Appeals for the Second Circuit
1DissentVan Graafeiland, Circuit Judge
I agree with my colleagues that, in determining whether New York City school teachers have a property interest in their pension rights protected under the federal constitution, we must look to the law of New York State, particularly as that law is laid down by the New York Constitution. However, when it comes to interpreting and applying article V, section 7, the pertinent portion of the New York Constitution, my colleagues and I part company.
Section 7 provides that, after July 1, 1940, membership in a retirement system such as that of the New York City teachers “shall be a contractual…
2Cases cited20 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Moore v. City of East ClevelandSupreme Court of the United States · 1977
- United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
- Giaccio v. PennsylvaniaSupreme Court of the United States · 1965
- Indiana Ex Rel. Anderson v. BrandSupreme Court of the United States · 1938
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