Leonard v. Regan

OPINION OF THE COURT

Edward S. Conway, J.

This is a CPLR article 78 proceeding in which petitioner *575seeks a judgment reversing and annulling respondent’s findings with reference to petitioner’s application for disability retirement and for a declaration that section 71 of .the Civil Service Law in conjunction with section 605 of the Retirement and Social Security Law is unconstitutional.

Respondent Nassau County opposes the petition and cross-moves for an order dismissing the petition as against it pursuant to CPLR 3211 (a) (2) and (7), lack of jurisdiction of the subject matter and failure to…