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AULETTA v. TULLY

Nos. 82-CV-924, 82-CV-1204.

576 F.Supp. 191 (1983)

Pasquale AULETTA, Harold Dobson, Earl Goods, and Robert Skaggs, individually on behalf of themselves and all other persons similarly situated, Plaintiffs, v. James H. TULLY, Individually and as the Commissioner of the New York State Department of Taxation and Finance, Victor Bahou, individually and as President of the New York State Civil Service Commission, Josephine L. Gambino and James T. McFarland, individually and as members of the New York State Civil Service Commission and W. Barry Lorch, individually and as Director of Classification and Compensation of the New York State Department of Civil Service, Defendants. Frank GIACCONE, Marie Laudati, William Barr, and Henry Orlow, individually on behalf of themselves and all other persons similarly situated, Plaintiffs, v. James H. TULLY, Individually and as the Commissioner of the New York State Department of Taxation and Finance, Victor Bahou, individually and as President of the New York State Civil Service Commission, Josephine L. Gambino and James T. McFarland, individually and as members of the New York State Civil Service Commission and W. Barry Lorch, individually and as Director of Classification and Compensation of the New York State Department of Civil Service, Defendants.

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

October 3, 1983.

Attorney(s) appearing for the Case

Joan Goldberg, New York City, for plaintiffs.

Robert Abrams, Atty. Gen. of the State of New York, Albany, N.Y., for defendants; James McSparron, Judith I. Ratner, Asst. Attys. Gen., Albany, N.Y., of counsel.

Memorandum-Decision and Order

MINER, District Judge.

I

These actions arise out of a decision by the New York State Department of Taxation and Finance (hereinafter "Department") which effected a reclassification of certain civil service positions, and resulted in promotion of certain individuals, within the Department. Alleging a denial of equal protection of the law in violation of the fourteenth amendment of the United States Constitution

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