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GILLIGAN v. STONE

3 Misc.3d 574 (2003)

775 N.Y.S.2d 440

SHAWN M. GILLIGAN et al., Petitioners, v. CAROLE E. STONE, as Director of the Division of the Budget of the State of New York, Respondent.

Supreme Court, Albany County.

December 23, 2003.

Attorney(s) appearing for the Case

Hinman Straub, P.C., Albany (William F. Sheehan of counsel), for petitioners.

Eliot Spitzer, Attorney General, Albany (James B. McGowan of counsel), for respondent.

OPINION OF THE COURT

THOMAS J. SPARGO, J.

Petitioners seek to annul the respondent's determination prospectively denying performance advances and merit awards to all managerial and/or confidential employees of New York State during fiscal year 2003-2004.

Petitioners are New York State employees (except petitioner Wilson who is now retired) whose positions are designated either managerial or confidential...

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