IN THE MATTER OF GAMMONE v. MURPHY

ADJUDGED that the petition is denied and the proceeding is dismissed on the merits, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court erred in transferring this proceeding to this court (see Matter of Anonymous v. Grievance Comm. of State of N.Y., 244 A.D.2d 549). In the interest of judicial economy, however, this court will determine the proceeding (see CPLR 7804[g]).

Contrary to the petitioners' contention, the affected participants in the "[t]wenty-five-year and age fifty-five retirement program for New York City transit authority members" (Retirement and Social Services Law § 604-b) are not entitled to a refund of their additional 2.3% membership contributions. The statute which established the program does not authorize such a refund (see Retirement and Social Security Law § 604-b[e][8][iii]; Morrissey v. New York State Employees' Retirement Sys., 298 N.Y. 442; Matter of Brei v. Regan, 89 A.D.2d 1060, 1061; Donovan v. City of Rye, 271 A.D. 836).

The petitioners' remaining contentions are without merit.

SMITH, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.