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CONROY v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERV.

Docket No. 02-7415.

333 F.3d 88 (2003)

Deborah CONROY and Blake Swingle, individually and on behalf of all others similarly situated, Plaintiffs, Belinda Fountain, Plaintiff-Appellee, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Glenn Goord, individually, and in his official capacity as Commissioner of the New York State Department of Correctional Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: June 18, 2003.

Attorney(s) appearing for the Case

Evelyn M. Tenenbaum, Assistant Solicitor General of the State of New York, Albany, N.Y. (Eliot Spitzer, Attorney General, Daniel Smirlock, Deputy Solicitor General, and Nancy A. Spiegel, Assistant Solicitor General, on the brief), for Defendant-Appellants.

Edward J. Greene, Jr., Hinman Straub P.C., Albany, N.Y., for Plaintiff-Appellee.

Ann Elizabeth Reesman, McGuiness, Norris & Williams, LLP, Washington D.C., for Amicus Curiae Equal Employment Advisory Counsel.

Stephen A. Bokat, Robin S. Conrad, and Ellen Dunham Bryant, National Chamber Litigation Center, Inc., Washington, D.C., for Amicus Curiae The Chamber of Commerce of the United States.

Daniel B. Korhman, AARP Foundation Litigation, and Melvin Radowitz, AARP, Washington, D.C., for Amicus Curiae AARP.

Before: CABRANES, POOLER, and KATZMANN, Circuit Judges.

POOLER, Circuit Judge.

Defendants-Appellants the New York State Department of Correctional Services ("DOCS") and Glen Goord, DOCS Commissioner appeal from the March 11, 2002, judgment of the District Court for the Northern District of New York (David N. Hurd, Judge), denying DOCS's motion for summary judgment and granting Plaintiff-Appellee Belinda Fountain's motion for summary judgment. The DOCS sick leave policy requires...

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