Alt v. Long Island Railroad Co.

• Citation: 387 N.Y.S.2d 610,54 A.D.2d 724
• Parties: Warren C. ALT et al., Appellants, v. The LONG ISLAND RAILROAD COMPANY et al., Respondents. Second Department
• Decision Date: 18 October 1976
• Court: New York Supreme Court Appellate Division

Page 610

387 N.Y.S.2d 610

54 A.D.2d 724

Warren C. ALT et al., Appellants, v. The LONG ISLAND RAILROAD COMPANY et al., Respondents.

Supreme Court of New York, Appellate Division,

Second Department.

Oct. 18, 1976.

Frederick J. Ziems, Port Jefferson Station (Joseph H. Darago, New Hyde Park, of counsel), for appellants.

George M. Onken, Jamaica (Richard H. Stokes and Laurence H. Rubin, Jamaica, of counsel), for respondents The Long Island Railroad Company et al.

Edward G. Dougherty, New York City (Nicholas T. Diakow, Elmhurst, of counsel), for respondents United Transportation Union and Pryor.

In an action for a declaratory judgment, plaintiffs appeal from a judgment of the Supreme Court, Nassau County, entered May 13, 1975, which, upon the submission of an agreed statement of facts, construed a recent amendment to the defendant railroad's pension plan and declared the rights of the plaintiffs. Judgment affirmed, 81 Misc.2d 99, 365 N.Y.S.2d 480 with one bill of $50 costs and disbursements to respondents appearing separately and filing separate briefs. The decision of the Special Term is adequately supported by the record on this appeal.

HOPKINS, Acting P.J., and MARTUSCELLO, LATHAM, COHALAN and HAWKINS, JJ., concur.