Patrick Lynch v. City of New York

State of New York OPINION Court of Appeals This opinion is uncorrected and subject to revision before publication in the New York Reports. No. 44 Patrick Lynch, &c. et al., Appellants, v. City of New York, et al., Respondents. Robert S. Smith, for appellants. John Moore, for respondents. FAHEY, J.: The Appellate Division order should be reversed and Supreme Court’s judgment declaring that defendants violated the second subdivision (h) of Administrative Code of the City of New York § 13-218 by excluding police officers in tier 3 of the state retirement -1- -2- No. 44 system from the retirement…