From Casetext: Smarter Legal Research

Lynch v. New York City Employees' Retirement System

Court of Appeals of the State of New York
Mar 26, 1985
64 N.Y.2d 1103 (N.Y. 1985)

Opinion

Argued February 13, 1985

Decided March 26, 1985

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, William P. McCooe, J.

Frederick A.O. Schwarz, Jr., Corporation Counsel ( Gillian Sacks and Stephen J. McGrath of counsel), for appellant.

Susan I. Lubowitz, Stephen F. Gordon and Jeffrey L. Kreisberg for respondent.



MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, for the reasons stated in the dissenting opinion of Justice Samuel J. Silverman ( 103 A.D.2d 695, 697), except we conclude that there remains no issue of fact relating to the meaning and effect of the stipulation and, therefore, the petition should be dismissed.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.

Order reversed, with costs, and petition dismissed in a memorandum.


Summaries of

Lynch v. New York City Employees' Retirement System

Court of Appeals of the State of New York
Mar 26, 1985
64 N.Y.2d 1103 (N.Y. 1985)
Case details for

Lynch v. New York City Employees' Retirement System

Case Details

Full title:In the Matter of GLADYS LYNCH, Respondent, v. NEW YORK CITY EMPLOYEES…

Court:Court of Appeals of the State of New York

Date published: Mar 26, 1985

Citations

64 N.Y.2d 1103 (N.Y. 1985)
490 N.Y.S.2d 165
479 N.E.2d 801

Citing Cases

Turcsik v. Griffin

In Edmead , the Court of Appeals stated that, "where the [administrative] determination is unambiguous and…