McMENEMY v. GOORD


273 A.D.2d 665 (2000)

709 N.Y.S.2d 683

JAMES McMENEMY et al., Appellants, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided June 22, 2000.


Carpinello, J.

Plaintiffs—correction sergeants employed by defendant Department of Correctional Services, their union and their union president—commenced this declaratory judgment action seeking a declaration that a certain job assignment practice is unlawful, namely, that defendants' assignment of back-to-back eight-hour work shifts within a regular 40-hour work week violates Labor Law § 168. Defendants filed a preanswer motion to dismiss on numerous...

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