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AUGUST v. BRONSTEIN

No. 73 Civ. 3249.

369 F.Supp. 190 (1974)

John W. AUGUST, Individually and on behalf of all others similarly situated, and Thomas Readous, Plaintiffs, v. Harry I. BRONSTEIN, Individually and as Chairman of the Civil Service Commission of the City of New York and as Director of the Department of Personnel of the City of New York, et al., Defendants.

United States District Court, S. D. New York.

January 4, 1974.

Attorney(s) appearing for the Case

Carolyn M. Heft, MFY Legal Services, Inc., New York City, for plaintiff August; Jacques F. Rose, New York City, of counsel.

Cassin & Barry, New York City, for plaintiff Readous.

Norman Redlich, Corp. Counsel, New York City, for defendants; Joseph F. Bruno, Asst. Corp. Counsel, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, intervenor pro se; Samuel A. Hirshowitz, First Asst. Atty. Gen., Ilene J. Slater, Asst. Atty. Gen., of counsel.

Before FRIENDLY, Circuit Judge, and BONSAL and GRIESA, District Judges.

OPINION

BONSAL, District Judge.

Plaintiff August and plaintiff-intervenor Readous1 seek a declaratory judgment declaring that Article V, section 6 of the New York State Constitution and section 85 of the New York Civil Service Law, McKinney's Consol.Laws, c. 7, which grant a 5-point preference in competitive Civil Service examinations to non-disabled veterans who have served in time of war, are unconstitutional and violate their...

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