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SUAREZ v. WARD

No. 620, Docket 89-7889.

896 F.2d 28 (1990)

Glen SUAREZ, Plaintiff-Appellee, v. Benjamin WARD, individually and as Police Commissioner, New York City Police Department, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 16, 1990.

Attorney(s) appearing for the Case

John Patrick Rudden, New York City, for plaintiff-appellee.

Elizabeth Dvorkin, New York City Asst. Corp. Counsel of the City of New York (Peter L. Zimroth, Corp. Counsel, Francis F. Caputo, Asst. Corp. Counsel of the City of New York, of counsel), for defendant-appellant.

Before VAN GRAAFEILAND, CARDAMONE and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

In this case, we consider the extent to which New York Civil Service Law section 61, N.Y.Civ.Serv.Law § 61 (McKinney Supp.1990), is applicable to promotions made pursuant to the consent decree entered in Hispanic Society v. New York City Police Department, 42 Fair Empl.Prac.Cas. (BNA) 905, 40 Empl.Prac.Dec. (CCH) ¶ 36,385 (S.D.N.Y.1986) (the "settlement agreement" or "agreement"). The agreement settled classwide claims of...

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