KIRKLAND v. N.Y. STATE DEPT. OF CORRECTIONAL SERV.

No. 82 Civ. 0295.

552 F.Supp. 667 (1982)

Edward L. KIRKLAND, Joseph P. Bates, Sr., Arthur E. Suggs, each individually and on behalf of all others similarly situated, Plaintiffs, v. The NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES; Thomas A. Coughlin, III, individually and in his capacity as Commissioner of the New York State Department of Correctional Services; The New York State Civil Service Commission; Joseph Valenti, individually and in his capacity as President of the New York State Civil Service Commission and Civil Service Commissioner; Josephine Gambino and James McFarland, each individually and in his/her capacity as Civil Service Commissioner, Defendants.

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

December 1, 1982.


Attorney(s) appearing for the Case

NAACP Legal Defense Fund by O. Peter Sherwood, New York City, for plaintiffs.

Robert Abrams, Atty. Gen., State of N.Y. by Barbara B. Butler, New York City, for defendants.

Rowley, Forrest & O'Donnell by Richard R. Rowley, Albany, N.Y., for Althiser intervenors.

Beck, Halberg & Williamson by Herbert B. Halberg, New York City, for McClay intervenors.


OPINION

GRIESA, District Judge.

This is a motion under Fed.R.Civ.P. 23(e) to approve a class action settlement. The motion is granted.

The Action

The suit is brought on behalf of black and hispanic Correction Sergeants in the New York State Department of Correctional Services, challenging the legality of Promotional Examination No. 36-808, given for the position of Correction Lieutenant (G-20) on October 3, 1981. The claim is that...

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