Brown v. New York State Teachers Retirement System

Ellis J. Staley, Jr., J.

This is a motion for an order granting-judgment dismissing the complaint herein upon the ground that it fails to state facts sufficient to constitute a cause of action pursuant to CPLR 3211 (subd. [a]).

The complaint alleges that the plaintiffs are school teachers within the .State of New York and members of the New York State Teachers Retirement System; that prior to July 1, 1965 and pursuant to section 504 of the Education Law the Retirement Board of the New York State Teachers Retirement System consisted of seven members, three of which were required to be teachers;…