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TEPPER v. GALLOWAY

No. 79 C 3083.

481 F.Supp. 1211 (1979)

In the Matter of the Application of Warren TEPPER, John A. Cooper, Lee J. Isabell, Marjorie Lee, Joseph Passaretti, Nicholas Poulous, Eleanor Sawyer, Individually and on behalf of all others similarly situated, Plaintiffs, v. James GALLOWAY, Superintendent of Schools, and the Board of Education of the Wyandanch Union Free School District, Defendants.

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

December 21, 1979.

Attorney(s) appearing for the Case

Paul E. Klein, Plainview, N. Y., for plaintiffs.

Pachman, Oshrin & Block, P. C., Commack, N. Y., for defendants.

MEMORANDUM AND ORDER

GEORGE C. PRATT, District Judge:

At least five times in the past five years, and four times in the past twelve months,1 New York public employees have argued to a federal district court that the penalty provisions of the Taylor Law violate due process because (1) the penalties are assessed without recourse to an impartial tribunal and (2) the penalty procedures amount to an illegally severe prejudgment garnishment...

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