
    John E. Poggi et al., Appellants, v City of New York et al., Respondents, and Samuel De Milia, Individually and as President of the Patrolmen’s Benevolent Association of the City of New York, et al., Intervenors-Respondents.
    Submitted February 5, 1986;
    decided March 18, 1986
    
      APPEARANCES OF COUNSEL
    
      Murray A. Gordon and James D. Bilik for appellants.
    
      Frederick A. O. Schwarz, Jr., Corporation Counsel (Jay C. Cooke and Paul T. Rephen of counsel), for respondents.
    
      Raymond E. Kerno and Richard Hartman for intervenorsrespondents.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice Sullivan. We note that we do not reach the question whether the variable supplements funds constitute a pension or retirement benefit. That question is unnecessary to the determination of the issues before us: whether plaintiffs’ pension contract rights or their equal protection rights have been impaired. (See also, Matter of Lippman v Board of Educ., 66 NY2d 313.)

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Titone and Hancock, Jr., concur; Judge Alexander taking no part.

Order affirmed, with costs, in a memorandum.  