Hughes v. City of New York

— In a declaratory judgment action, the defendants appeal from an order and judgment (one paper) of the Supreme Court, Kings County (Shaw, J.), dated April 2, 1984, which, inter alia, (1) declared that New York City Charter § 1117, as interpreted in the decision in Matter of Mersereau v McGuire (77 AD2d 849, affd 53 NY2d 960), should not be applied retroactively so as to enable the defendants to recoup pension benefits paid to the plaintiffs prior to September 30, 1979, and during their tenure as City Marshals, (2) granted the plaintiffs’ motion for summary judgment, and (3) denied the…