ASSOCIATION OF SURROGATES AND SUPREME COURT REPORTERS WITHIN the CITY OF NEW YORK, Mary O'Leary, President, Citywide Association of Law Assistants, Barbara Brown, President, Court Attorneys Association of the City of New York, Robert A. Mulhall, President, Court Officers Benevolent Association of Nassau Co., Jeffrey Pollack, President, District Council 37, American Federation of State, County & Municipal Employees & Local 1070, Paul Shelkin, President, Local 704, Service Employees International Union, John Walsh, President, New York State Supreme Court Officers Association, ILA, Local 2013, AFL-CIO, John McKillop, President, Ninth Judicial District Court Employees Association, Inc., Martin Sharp, President, Suffolk County Court Employees Association, Inc., Thomas F. McGuinness, President, the Communication Workers of America, AFL-CIO, Local 1180, Arthur Cheliotes, President, Civil Service Forum Local 300, SEIU, Salvatore Cangiarella, President, Janet Foster, Susan Glasbrenner, Michael Sullivan, David Richman, Greg Snigor, James Di Napoli, William Rosario, Abel Peltro, George F. Berghorn, Lisa Rosenzweig, and Michael Smith, Plaintiffs-Appellants,
v.
STATE OF NEW YORK, Edward V. Regan, as Comptroller of the State of New York, Robert Abrams, as Attorney General of the State of New York, Matthew T. Crosson, as Chief Administrator of the Unified Court System and the State of New York Unified Court System, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued March 8, 1991.
Question Certified March 22, 1991.
Submitted After Answer to Certified Question June 27, 1991.
Decided July 31, 1991.
Attorney(s) appearing for the Case
David Schlachter, Commack, N.Y. (Schlachter & Mauro, of counsel), for plaintiffs-appellants.
Andrea Green, New York City, Asst. Atty. Gen. of the State of N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y.), for defendants-appellees State of N.Y., Edward V. Regan, and Robert Abrams.
Kenneth Falk, New York City (Michael Colodner, Office of Court Admin., of counsel), for defendant-appellee Matthew T. Crosson.
Edward J. Groarke, Garden City, N.Y. (Colleran, O'Hara & Mills, Richard L. O'Hara, Scott P. Shelkin, of counsel), for amicus curiae New York State AFL-CIO.
Nancy E. Hoffman, Albany, N.Y. (Jerome Lefkowitz, Marilyn S. Dymond, of counsel), for amicus curiae Civil Service Employees Ass'n, Inc.
Vincent F. Pitts, New York City (Shea & Gould, Eve I. Klein, of counsel), for amicus curiae New York State Court Clerks Ass'n.
Bernard F. Ashe, Albany, N.Y. (Kevin H. Harren, Rocco A. Solimando, of counsel), for amicus curiae New York State United Teachers.
Brian J. O'Donnell, Albany, N.Y. (Rowley, Forrest, O'Donnell & Hite, P.C., Steven R. Kramer, of counsel), for amicus curiae New York State Inspection, Sec., and Law Enforcement Employees Dist. Council 82, AFSCME, AFL-CIO.
Before KAUFMAN, KEARSE and PRATT, Circuit Judges.
United States Court of Appeals, Second Circuit.
GEORGE C. PRATT, Circuit Judge:
Two of the chronic problems of modern government — a budget crunch and an overworked court system — intersect to create this contract-clause challenge to New York State's "lag payroll" law. The question before us is whether, in seeking to solve both problems through this lag-payroll scheme, the state may constitutionally finance an expansion of its court system by deferring the wages of certain court employees contrary...
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