CARVER v. NASSAU COUNTY INTERIM FINANCE AUTHORITY

Docket Nos. 13-0801, 13-0840.

730 F.3d 150 (2013)

James CARVER, as President of the Nassau County Police Benevolent Association, Gary Learned, as President of the Superior Officers Association of Nassau County, Thomas R. Willdigg, as President of the Nassau County Police Department Detectives' Association, Inc., Plaintiffs-Appellees, v. NASSAU COUNTY INTERIM FINANCE AUTHORITY, Ronald A. Stack, Leonard D. Steinman, Robert A. Wild, Christopher P. Wright, George J. Marlin, Thomas W. Stokes, in their official capacities as directors/members of the Nassau County Interim Finance Authority, Edward Mangano, in his official capacity as County Executive of Nassau County, George Maragos, in his official capacity as Nassau County Comptroller, County of Nassau, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 20, 2013.

Corrected: September 27, 2013.


Attorney(s) appearing for the Case

Alan M. Klinger , Stroock & Stroock & Lavan LLP, New York, NY, Harry Greenberg , Seth H. Greenberg (on the brief), Greenberg Burzichelli Greenberg P.C., Lake Success, NY, for Plaintiffs-Appellees.

Christopher J. Gunther , Skadden, Arps, Slate, Meagher & Flom, New York, NY, for Defendants-Appellants Nassau County Interim Finance Authority, Ronald A. Wild, Christopher P. Wright, George J. Marlin and Thomas W. Stokes, in their official capacities as directors/members of the Nassau County Interim Finance Authority.

Marc S. Wenger ( Ana C. Shields , on the brief), Jackson Lewis LLP, Melville, NY, Special Consel for the County Attorney, for Defendants-Appellants, Edward Mangano, in his official capacity as County Executive of Nassau County, George Maragos, in his official capacity as Nassau County Comptroller, and County of Nassau.

Howard Wein , Koehler & Isaacs LLP, New York, NY, for Nassau County Sheriff's Correction Officers Benevolent Association as amicus curiae in support of Plaintiffs-Appellees.

Steven A. Crain and Daren J. Rylewicz , ( Leslie C. Perrin , of counsel), Civil Service Employees Association, Inc., Albany, NY, for Civil Service Employees Association, Inc., as amicus curiae in support of Plaintiffs-Appellees.

Before: POOLER and CARNEY, Circuit Judges, and KORMAN, District Judge.


EDWARD R. KORMAN, District Judge:

Plaintiffs, representatives of various Nassau County police unions, brought suit to contest a wage freeze imposed in 2011 on Nassau County employees, including police officers, by the Nassau Interim Finance Authority ("NIFA"), a public benefit corporation formed by the New York State Legislature in 2000 in response to the County's unstable financial condition. The defendants are NIFA, Nassau County, and various officers of both. The...

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