Ahr v. City of New York

Full title: In the Matter of ARTHUR AHR et al., Appellants, v. CITY OF NEW YORK, et…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 9, 1997

243 A.D.2d 293 (N.Y. App. Div. 1997)

663 N.Y.S.2d 34

Opinion

October 9, 1997

Appeal from Supreme Court, New York County (Phyllis Gangel-Jacob, J.).

The IAS Court correctly declared the subject agreements legal on the ground that plaintiffs' collective bargaining agents, defendants unions, were free to waive article V, § 7's protections as to funds ordinarily included in the calculation of pension benefits in exchange for higher annual longevity bonuses, and that plaintiffs are bound by the actions taken on their behalf by defendant unions in the negotiating process ( see, Ballentine v. Koch, 89 N.Y.2d 51, 58; Matter of City of New York v. MacDonald, Sup Ct, N.Y. County, June 20, 1993, Evans, J., index No. 45920/92, affd 213 A.D.2d 287, appeal dismissed, lv denied 86 N.Y.2d 773).

Concur — Sullivan, J.P., Rosenberger, Ellerin and Nardelli, JJ.