New York Court of Appeals, 1980

Kivo v. Levitt

New York Court of Appeals · Decided July 1, 1980

50 N.Y.2d 1017; 409 N.E.2d 1359; 431 N.Y.S.2d 684; 1980 N.Y. LEXIS 2539

Cases that cite this one

6 later published cases cite this decision.

Matter of McCollum v. City of New York (Appellate Division of the Supreme Court of New York 2020)
Matter of Benjamin v. New York City Employees Retirement Sys. (Appellate Division of the Supreme Court of New York 2019)
Matter of Awe v. D'Alessandro (Appellate Division of the Supreme Court of New York 2017)
Claim of Merendino v. Village of Pawling (Appellate Division of the Supreme Court of New York 1988)
Selkin v. Regan (Appellate Division of the Supreme Court of New York 1986)
Abrams v. Board of Education (Appellate Division of the Supreme Court of New York 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The judgment appealed from should be affirmed, with costs, essentially for the reasons stated in the opinion by Mr. Justice Staley at the Appellate Division.

We agree with the court below that respondent’s interpretation of section 2 (subd 2, par a) of the Retirement and Social Security Law as excluding deferred pay increases not yet paid to the retiree from the wage base for computation of pension benefits is entirely proper and must be upheld. We note, however, that we express no opinion on the question whether section 431 of the Retirement and Social Security Law would require the same result had petitioner actually received the *1019pay increases in issue as a lump sum, for this question is not presented by the facts of this case.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Judgment affirmed, with costs, in a memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.