Opinion · Appellate Division of the Supreme Court of the State of New York
White v. Hussey
White v. Hussey, 275 A.D.2d 714 (Appellate Division of the Supreme Court of the State of New York 1949)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 1949-03-07
- Topic
- employee-benefits-and-executive-compensation
The defense alleges, in part, that the cost of living adjustment .was paid and accepted upon the express condition and understanding that it would not be deemed compensation for the purpose of computing a pension. While membership in any pension or retirement system of the State or of a civil division thereof is a contractual relationship (N. Y. Const., art. V, § 7; Hoar v.
Citator
UpLaw has not yet analyzed White v. Hussey. The absence of a flag is not a finding that it is good law.
The defense alleges, in part, that the cost of living adjustment .was paid and accepted upon the express condition and understanding that it would not be deemed compensation for the purpose of computing a pension. While membership in any pension or retirement system of the State or of a civil division thereof is a contractual relationship (N. Y. Const., art. V, § 7; Hoar v. City of Yonkers, 295 N. Y. 274; Underhill v. Valentine, 267 App. Div. 778), and existing rights may not be impaired, the constitutional provision does not prohibit an agreement such as that alleged in the defense pleaded. As a matter of pleading the defense is sufficient. Nolan, P. J., Johnston, Adel, Sneed and MacCrate, JJ., concur.