REPORTERS ASSN. v. NY STATE


79 N.Y.2d 39 (1992)

Association of Surrogates and Supreme Court Reporters within the City of New York, by Mary O'Leary, President, et al., Respondents, v. State of New York et al., Appellants. Joseph E. McDermott, as President of the Civil Service Employees Association, Inc., Local 1000, AFSCME (AFL-CIO), et al., Respondents, v. State of New York et al., Appellants.

Court of Appeals of the State of New York.

Decided January 16, 1992.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Judith A. Gordon, Jerry Boone, Howard L. Zwickel and John J. Sullivan of counsel), for the State of New York and another, appellants,

Kenneth Falk and Michael Colodner for Matthew T. Crosson, appellant.

David Schlachter and Joel Giller for Association of Surrogates and Supreme Court Reporters within the City of New York and others, respondents.

Jerome Lefkowitz, Nancy E. Hoffman and Marilyn S. Dymond for Civil Service Employees Association, Inc., respondent.

Richard R. Rowley, David C. Rowley and Kevin S. Casey for New York State Inspection, Security and Law Enforcement Employees, District Council 82, AFSCME, AFL-CIO, amicus curiae.

Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur; Chief Judge WACHTLER taking no part.


SIMONS, J.

This appeal involves the State's attempt, by legislative amendments to the State Finance Law, to offset anticipated State budget shortfalls for the fiscal year 1991-1992 by effecting a five-day lag payroll upon both represented and unrepresented nonjudicial employees of the Unified Court System (State Finance Law § 200 [2-b]).1 The savings are to be realized by paying...

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