
    In the Matter of Gladys Lynch, Respondent, v New York City Employees’ Retirement System et al., Appellants.
    Argued February 13, 1985;
    decided March 26, 1985
    
      APPEARANCES OF COUNSEL
    
      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.
   OPINION OF THE COURT

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 AD2d 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.  