MATTER OF CIVIL SERV. EMPLOYEES ASS'N, INC. v. BARTLETT


41 N.Y.2d 998 (1977)

In the Matter of Civil Service Employees Association, Inc., et al., Appellants, v. Richard J. Bartlett, as State Administrative Judge of the Administrative Board of the Judicial Conference of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 7, 1977.


Attorney(s) appearing for the Case

James T. Hancock for appellants.

Michael Colodner and Michael R. Juviler for Richard J. Bartlett, as State Administrative Judge, respondent.

Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for Arthur Levitt, as Comptroller, respondent.

Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum; Judge JASEN dissents and votes to affirm in a separate opinion; Chief Judge BREITEL taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed and the judgment of Supreme Court, Albany County, reinstated. For the reasons stated in the dissenting opinion of Mr. Justice LOUIS M. GREENBLOTT, we conclude that the petitioners are entitled under the provisions of section 219 of the Judiciary Law to salary increments which are reflective of all their respective years of service prior to the date of the...

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