Bergerman v. Murphy

The questions presented are (1) whether subdivision f of section B18-4.0 of the Administrative Code of the City of New York is valid or whether its provisions contravene section 1 of article VIII of the New York State Constitution, which prohibits a municipality from making gifts of public funds; and (2) if the statute is constitutional, whether defendants James E. Furey and Bernard A. Collins are entitled to the pension benefits provided thereunder.

The Special Term held that subdivision f of section B18-4.0 of the Administrative Code is unconstitutional as authorizing a gift of public funds.…