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Birnbaum v. New York State Teachers' Retirement System

17 A.D.2d 907 Court N.Y. App. Div. Decision date 1962-10-25 English

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p. 907
Eliot Birnbaum et al., Individually and on Behalf of All Other Present and Retired School Teachers in the State of New York Similarly Situated, Appellants, v. New York State Teachers’ Retirement System, Respondent.

Judgment and order unanimously affirmed, without costs of this appeal to any party. (Appeal by plaintiffs from judgment and order of Onondaga Special Term dismissing the complaint and granting a declaratory judgment in favor of defendant. The order denies plaintiffs’ motion for summary judgment and grants defendant’s motion for summary judgment.) Present — Williams, P. J., Bastow, Goldman, Halpern and McClusky, JJ.