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Legal Opinion

O'Connor v. Levitt

New York Supreme Court

Decided August 22, 1975Published

1Opinion of the CourtRobert C. Williams, J.

Petitioners proceed pursuant to CPLR article 78 for an order enjoining respondent from administrating section 302 and subdivision k of section 341 of the Retirement and Social Security Law and declaring said sections unconstitutional.

Said above-mentioned sections provide additional service credit towards retirement benefits for policemen and firemen who are World War II veterans. Petitioners are Korean War veterans who contend they are being denied equal protection of the law by being excluded from said additional service credits.

Subdivision g of section 341 of the Retirement and Social…

2Cases cited4 opinions

  1. A. E. Nettleton Co. v. DiamondNew York Court of Appeals · 1970
  2. Matter of Rubin v. ConwayNew York Court of Appeals · 1948
  3. Rubin v. ConwayAppellate Division of the Supreme Court of the State of New York · 1948
  4. Cohen v. LevittAppellate Division of the Supreme Court of the State of New York · 1972

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