MOORE v. ROSS

No. 1308, Docket 81-7037.

687 F.2d 604 (1982)

Wilbert MOORE and Malcolm Turner, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Philip ROSS, individually and as Industrial Commissioner of the State of New York, New York State Department of Labor; Louis Sitkin, individually and as Chairman of the New York State Unemployment Insurance Appeal Board; John A. Rogalin, individually and as a Member of the New York State Unemployment Insurance Appeal Board; James R. Rhone, individually and as a Member of the New York State Unemployment Insurance Appeal Board; Harry Zankel, individually and as a Member of the New York State Unemployment Insurance Appeal Board; and G. Douglas Pugh, individually and as a Member of the New York State Unemployment Insurance Appeal Board, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 17, 1982.

Certiorari Denied January 10, 1983.


Attorney(s) appearing for the Case

Kenneth Rothstein, The Legal Aid Society, New York City (Kalman Finkel, Morton B. Dicker, John E. Kirklin, Nancy Haber, Marshall Owen, Rachel Vorspan, The Legal Aid Society, New York City, of counsel), for appellants.

Donald Sticklor, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N. Y., George D. Zuckerman, Asst. Sol. Gen., New York City, of counsel), for appellees.

Before OAKES, MESKILL and KEARSE, Circuit Judges.


Certiorari Denied January 10, 1983. See 103 S.Ct. 750.

OAKES, Circuit Judge:

This appeal challenges the constitutionality of two practices of the New York State Unemployment Insurance Appeal Board. Claimants Wilbert Moore and Malcolm Turner contend that the Board's practices of reversing credibility determinations by administrative law judges (ALJs) without holding additional hearings, and of reversing ALJs' decisions...

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