Summary
In Humbeutel we upheld a statute imposing a mandatory retirement age of 63 upon city policemen... [T]he changes authorized in [ Humbeutel] primarily affected, and were directed at, terms of employment, and had only incidental effects on contractual retirement benefits.... [O]nly the effective date of retirement was involved, not the diminution of retirement benefits.
Summary of this case from Eagan v. SpellmanOpinion
Argued March 1, 1955
Decided April 14, 1955
Appeal from the Supreme Court, Appellate Division, First Department, COX, J., K. O'BRIEN, J.
Victor Konow, Lester G. Knopping and John H. Scully for appellants.
Peter Campbell Brown, Corporation Counsel ( Morgan N. Lipton, Seymour B. Quel and Victor J. Herwitz of counsel), for respondents.
Judgment affirmed, with costs; no opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ. Taking no part: BURKE, J.