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AHERN v. STATE

244 A.D.2d 7 (1998)

676 N.Y.S.2d 232

John F. Ahern et al., Respondents, v. State of New York, Appellant. (Claim No. 95288.) (And Two Other Related Claims.)

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

July 9, 1998

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Daniel Smirlock of counsel), for appellant.

Mulholland & Hickey, Washington, D.C. (Douglas L. Steele of counsel), for John M. Moran, respondent.

Michaels, Bell & Smolak, P. C., Auburn (Jan M. Smolak of counsel), for Gerald J. Long, respondent.

Blitman & King, L. L. P., Syracuse (Donald D. Oliver of counsel), for John F. Ahern, respondent.

MIKOLL, J. P., CREW III, YESAWICH JR. and CARPINELLO, JJ., concur.

MERCURE, J.

Each of the claimants is a State Police Investigator or Senior Investigator who participated as a plaintiff in one of three essentially identical actions (hereinafter the individual actions) that were commenced in Federal District Court in 1989. Pursuant to 29 USC § 216 (b), the individual actions sought to recover unpaid overtime compensation for the...

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