RAPP v. CAREY


44 N.Y.2d 157 (1978)

Susan Rapp et al., and All Other Similarly Situated Employees of the State of New York, Respondents, v. Hugh L. Carey, as Governor, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 29, 1978.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Michael F. Colligan, Ruth Kessler Toch, Peter M. Fishbein, Richard C. Seltzer and Ettie Ward of counsel), for appellants.

Bartley J. Costello, III, and Bernard J. Malone, Jr., for respondents.

Judges GABRIELLI, JONES and WACHTLER concur with Chief Judge BREITEL; Judge COOKE dissents in part and votes to modify in a separate opinion; Judge JASEN dissents and votes to reverse in another opinion; Judge FUCHSBERG taking no part.


Chief Judge BREITEL.

Defendants, the Governor and the State Board of Public Disclosure, appeal from the Appellate Division's unanimous affirmance of an order granting summary judgment to plaintiffs, State employees, and declaring the Governor's Executive Order No. 10.1 (9 NYCRR 3.10) unconstitutional. The disputed order purports to require a wide range of State employees within the executive branch to file multidetailed...

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