Flynn v. New York City Police Department Retirement System

*877OPINION OF THE COURT

Edward J. Greenfield, J.

In this CPLR article 78 proceeding, petitioners basically seek to compel respondent Transit Authority to cease employing respondents Garelik, Bouza and Cooper until section 211 of the Retirement and Social Security Law is complied with and to have alleged illegal payments of retirement allowances to these respondents terminated. Respondents cross-move to dismiss the petition on the ground that it fails to state a cause of action and on the ground that petitioners lack standing.

Under the Retirement and Social Security Law, retirees may re-enter…