Legal Opinion
Mainello v. McCall
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 1999Published
1Opinion of the Court
OPINION OF THE COURT
Mercure, J.
The premise underlying this proceeding is that Retirement and Social Security Law § 381-b (e), as amended by Laws of 1988 (ch 759), which required that petitioner be retired from his position as Assistant Deputy Superintendent with the Division of State Police at the conclusion of the year in which he attained age 57, violates the Nonimpairment Clause of the NY Constitution (NY Const, art V, § 7)* as applied to him. We disagree and accordingly affirm Supreme Court’s judgment dismissing the petition.
Petitioner began his 33-year service with the Division of State…
2Cases cited8 opinions
- Cook v. City of BinghamtonNew York Court of Appeals · 1979
- Birnbaum v. New York State Teachers Retirement SystemNew York Court of Appeals · 1958
- Kleinfeldt v. New York City Employees' Retirement SystemNew York Court of Appeals · 1975
- Lippman v. Board of EducationNew York Court of Appeals · 1985
- Public Employees Federation v. CuomoNew York Court of Appeals · 1984
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