MONAHAN v. NEW YORK CITY DEPT. OF CORRECTIONS

Docket No. 98-9067

214 F.3d 275 (2000)

Daniel MONAHAN, Evelyn S. Rodriguez, Cecilia Lorde, Luis Almodovar, Fred Silva, Thomas Basil, Robert Netell, Daniel Foynes, Harvey Ball, Daniel Aponte, Gary Nardiello, Vincent Rebecca, Oral Beckford, Alice Bresloff, Irwin Cohen, Jose Cuevas, Dennis Deniro, Ingrid Griffin, Dennisse Ilarraza, Theodore Israel, Sabrina Keyes-Alston, Julie Knowles, Tanya Mann, Michael Messina, John Mickel, Nzingha Moses, Noah Norfleet, Joseph Palermo, Garfield Parkison, Hilda Reyes, Kevin Riley, Ruben Rodriguez, Luis Santiago, Wendy Tyson, Linda Varbero, Willie Wallace, Johnny Watford, Anthony White, Denise Whyte-Phillips and Martine Whyte, Plaintiffs-Appellants, v. NEW YORK CITY DEPARTMENT OF CORRECTIONS, City of New York, Michael Jacobson, Acting Commissioner, City of New York Department of Correction, Terrance Skinner, Deputy Warden and Commanding Officer of the Health Management Division of the City of New York Dept. of Correction, Johnston, Supervisor Civilian (ID NO. 25835), Peter Mahon, former Deputy Warden and Commanding Officer of the Health Management Division of the City of New York Department of Correction, James Bird, Deputy Warden and Commanding Officer of the Health Management Division of the City of New York Department of Correction and Carol L. Bishop, Assistant Deputy Warden of the City of New York Department of Correction, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 8, 2000.


Attorney(s) appearing for the Case

Fredric Ostrove, Carle Place, N.Y. (Leeds & Morelli, Esqs., Carle Place, New York), for Plaintiffs-Appellants.

Susan Choi-Hausman, Office of the Corporation Counsel of the City of New York, New York, N.Y. (Michael D. Hess, Corporation Counsel, Barry P. Schwartz, John Wirenius, Janice Birnbaum of Counsel), for Defendants-Appellees.

Before: LEVAL and SACK, Circuit Judges, and MORAN, Senior District Judge.


MORAN, Senior District Judge.

Plaintiffs-appellants are current and former New York City correction officers and captains. They appeal from a judgment of the District Court for the Southern District of New York (Rakoff, J.) dismissing with prejudice their consolidated challenge to the sick leave policy of the New York City Department of Correction ("DOC"). Embodied in DOC Directive 2262, the policy permits an eligible officer continuous sick leave for up to one year...

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