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BIRKELAND v. STATE OF NY

98 A.D.2d 395 (1984)

Leif Birkeland, as President of the Court Officers Benevolent Association of Nassau County, et al., Appellants, v. State of New York et al., Respondents, and Vincent P. Mallamo et al., Intervenors-Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 16, 1984

Attorney(s) appearing for the Case

Faden & Goldmacher and Joseph A. Faraldo (Beth J. Goldmacher of counsel), for appellants.

Richard M. Gaba for intervenors-respondents.

Robert Abrams, Attorney-General (Melvyn Leventhal, Caren Brutten and Arnold D. Fleischer of counsel), for State of New York, respondent.

Paul A. Feigenbaum (Michael Colodner and Paula E. Kennedy of counsel), for Herbert B. Evans, respondent.

Roemer & Featherstonhaugh (Stephen J. Wiley and Richard L. Burstein of counsel), for Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO and others, respondents.

BRACKEN, WEINSTEIN and NIEHOFF, JJ., concur.

THOMPSON, J. P.

In 1976, the Legislature determined that, effective April 1, 1977, all nonjudicial officers and employees of the courts employed by a political subdivision of the State would become employees of the State under a newly Unified Court System (Judiciary Law, § 39). The administrative board of the Judicial Conference was directed to adopt a classification structure for all nonjudicial officers...

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