CHEESEMAN v. CAREY

No. 1182, Docket 80-7142.

623 F.2d 1387 (1980)

In the Matter of the Application of Ronnie CHEESEMAN; Lewis Pollack; Rocco C. LaBella, Jr.; James Mann; Peter Scannell; Richard Watson; Robert Vosper; Brian Gummoe; Thomas Ryan; Richard F. O'Connell; Ambrose Burger; Stephen Kurpil; Ted Kott; Bruce Smith; James Mullen; David Gundrum; Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Hugh CAREY, as the duly elected Governor and Chief Executive Officer of the State of New York; The Governor's Office of Employee Relations; Meyer S. Frucher, as Director of the New York State Office of Employee Relations; Edward Regan, as the Comptroller of the State of New York; Thomas Coughlin, as the Acting Director of the New York State Department of Correctional Services; James A. Prevost, as the Commissioner of the Office of Mental Hygiene; Clifton R. Wharton, as the Chancellor of the State University of New York; James C. O'Shea, as the Commissioner of the Office of General Services of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 17, 1980.


Attorney(s) appearing for the Case

Richard R. Rowley, Rowley & Forrest, P.C., Albany, N.Y., for plaintiffs-appellants.

John Q. Driscoll, Asst. Atty. Gen. of the State of New York, Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of New York, Albany, N.Y., William J. Kogan, Asst. Sol. Gen. and Michael F. Colligan, Asst. Atty. Gen., Albany, N.Y., of counsel), for defendants-appellees.

Before FRIENDLY and MANSFIELD, Circuit Judges.


FRIENDLY, Circuit Judge:

This action was brought by employee members of the Security Services Unit of the New York Inspection, Security and Law Enforcement Employees, District Council 82, to enjoin the State, on federal constitutional grounds, from deducting from their wages the penalty for strikes provided by § 210 of the New York Civil Service Law, commonly known as the Taylor Law.1 Some...

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