Legal Opinion

McGarrigle v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided November 3, 2005PublishedCited by 3 opinions

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (Rosalyn Richter, J.), entered June 25, 2004, after a hearing, annulling respondents’ calculation of McGarrigle’s pension, and directing respondents to recalculate the pension, unanimously affirmed, without costs.

In 1990, the Legislature created a 20-year retirement program for New York City correction members below the rank of captain (Retirement and Social Security Law § 504-a). McGarrigle became a member of that program in 1991, after electing to join it rather than the distinct retirement program he had joined in 1982. In…

2Cases cited6 opinions

  1. City of New York v. StateNew York Court of Appeals · 1976
  2. Birnbaum v. New York State Teachers Retirement SystemNew York Court of Appeals · 1958
  3. Ballentine v. KochNew York Court of Appeals · 1996
  4. Rosenthal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  5. Guzman v. New York City Employees' Retirement SystemNew York Court of Appeals · 1978

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3Cited by3 opinions

  1. DeSimone v. New York City Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2009
  2. DeBlasio v. City of New YorkNew York Supreme Court · 2009
  3. D'Agostino v. DiNapoliNew York Supreme Court · 2009

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