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MATTER OF KING v. CAREY

57 N.Y.2d 505 (1982)

In the Matter of Francis H. King et al., Respondents, v. Hugh Carey, as Governor and Chief Executive Officer of the State of New York, et al., Appellants. New York State Inspection, Security and Law Enforcement Employees, District Council 82, Afscme, AFL-CIO, et al., Respondents, v. State of New York, et al., Appellants. Robert E. May, Respondent, v. State of New York, Appellant. (Claim No. 64501.) (And Two Other Actions.)

Court of Appeals of the State of New York.

Decided December 8, 1982.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (John Q. Driscoll and Peter H. Schiff of counsel), for appellants in the first, second and third above-entitled matters.

Michael J. Smith for respondents in the first above-entitled matter.

Richard R. Rowley and Ronald G. Dunn for respondents in the second above-entitled matter.

Claudia R. McKenna and Arnold W. Proskin for respondents in the third above-entitled matter.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur.

WACHTLER, J.

The Taylor Law provides that once a determination has been made that a public employee has engaged in an illegal strike the public employer shall deduct a statutory penalty from the employee's pay "[n]ot earlier than thirty nor later than ninety days following the date of such determination" (Civil Service Law, § 210, subd 2, par [g]). On these appeals the question is whether a portion of the...

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