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CONDELL v. BRESS

No. 523, Docket 92-7772.

983 F.2d 415 (1993)

Rand CONDELL, as President of the Public Employees Federation, AFL-CIO, Plaintiff-Appellee, v. Joseph BRESS, as Executive Director of the Governor's Office of Employee Relations; N.Y.S. Department of Audit & Control; State of New York; Mario Cuomo, as Governor of the State of New York; Edward V. Regan, as Comptroller of the State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 8, 1993.

Attorney(s) appearing for the Case

Michael S. Buskus, Albany, NY, Asst. Atty. Gen. of the State of N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Peter H. Schiff, Deputy Sol. Gen. of counsel), for defendants-appellants.

Nancy L. Burritt, Albany, NY (Richard E. Casagrande, of counsel), for plaintiff-appellee.

Before FEINBERG and MAHONEY, Circuit Judges, and PECKHAM, District Judge.

FEINBERG, Circuit Judge:

This is an action by a public sector labor union for a judgment declaring unconstitutional a salary deferral program, commonly referred to as a "lag payroll," implemented pursuant to a New York statute. Defendants State of New York and various state officials appeal from a judgment of the United States District Court for the Northern District of New York, Frederick J. Scullin, Jr., J., holding that the statute was an impairment of contract...

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