City Building Employees' Ass'n v. Levitt

Order unanimously reversed, without costs, defendant’s motion granted and complaint dismissed. Memorandum: The question presented on this appeal is whether a participating employer in the New York State Employees’ *807Retirement System may extend optional retirement benefits to one group of its employees pursuant to a collective bargaining agreement without extending the same benefits to all of its employees. The answer, we believe, is that it may not. Plaintiff, City Building Employees’ Association (CBEÁ), is a labor union that represents certain employees of the City of Hornell, New York. On…