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CONNOLLY v. McCALL

Docket No. 00-7631.

254 F.3d 36 (2001)

Timothy J. CONNOLLY, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. H. Carl McCALL, individually and in his capacities as Comptroller of The State of New York and as the Sole trustee of the New York State and Local Employees' Retirement System and his predecessors, the New York State and Local Employees' Retirement System; George C. Sinnott, individually and in his capacities as Head of the New York State Department of Civil Service and his predecessors; New York State Civil Service Commission, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 14, 2001.

Attorney(s) appearing for the Case

William Hughes Mulligan, Jr, Bleakley Platt & Schmidt, LLP, White Plains, NY, for Plaintiff-Appellant.

Melanie L. Oxhorn, Assistant Solicitor General (Michael S. Belohlavek, Deputy Solicitor General, on the brief), for Eliot Spitzer, Attorney General of the State of New York, for Defendants-Appellees.

Before CALABRESI and KATZMANN, Circuit Judges, KAPLAN, District Judge.

PER CURIAM:

Plaintiff-appellant Timothy J. Connolly, a former employee of the New York City Police Department (the "NYPD") and a current employee of the New York State Organized Crime Task Force (the "Task Force"), challenges New York State's statutory scheme governing the eligibility for public pensions of those employees who work in one public job, retire, and then begin work in a second public job. In particular, Connolly...

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