SULLIVAN v. NASSAU CTY. INTERIM FINANCE AUTHORITY

Nos. 18-1587-CV (L), 18-1606-CV (CON), 18-1634-CV (CON) August Term, 2019.

959 F.3d 54 (2020)

Brian SULLIVAN, as President of the Nassau County Sheriff's Correction Officers Benevolent Association, Nassau County Sheriff's Correction Officers Benevolent Association, 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., Jerry Laricchiuta, as Local President of CSEA Nassau County Local 830, Danny Donohue, as President of the Civil Service Employees Association Inc. Local 1000, AFSCME, AFL-CIO, Civil Service Employees Association, Local 1000 AFSCME, AFL-CIO, Plaintiffs-Appellants, v. NASSAU COUNTY INTERIM FINANCE AUTHORITY, Ronald A. Stack, as Chairman and Director of the Nassau County Interim Finance Authority, George J. Marlin, Leonard D. Steinman, Thomas W. Stokes, Robert A. Wild, Christopher P. Wright, as Directors 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, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 13, 2020.


Attorney(s) appearing for the Case

Howard Wien , Koehler & Isaacs LLP, New York, NY, in support of Plaintiffs-Appellants Brian Sullivan and Nassau County Sheriff's Correction Officers Benevolent Association.

Shira A. Scheindlin , ( Alan M. Klinger , Stroock & Stroock & Lavan LLP; Steven E. Losquardo , PC, Rocky Point, NY, on the brief), Stroock & Stroock & Lavan LLP, New York, NY, in support of Plaintiffs-Appellants James Carver, Gary Learned, and Thomas R. Willdigg.

Aaron E. Kaplan ( Daren J. Rylewicz , Leslie C. Perrin , Civil Service Employees Association, Inc., Albany, NY, on the brief), Civil Service Employees Association, Albany, NY, in support of Plaintiffs-Appellants Jerry Laricchiuta, Danny Donohue, and Civil Service Employees Association, Inc.

Christopher Gunther , Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, in support of Defendants-Appellees Nassau County Interim Finance Authority, Ronald A. Stack, George J. Marlin, Leonard D. Steinman, Thomas W. Stokes, Robert A. Wild, and Christopher P. Wright.

Marc S. Wenger ( Jared A. Kasschau , Nassau County Attorney, Mineola, NY; Ana C. Shields , Ashley Zangara , Jackson Lewis P.C., on the brief), Jackson Lewis P.C., Melville, NY, in support of Defendants-Appellees Edward Mangano and George Maragos.

Judge Park concurs in a separate opinion.


Plaintiffs, various unions and union leaders, represent much of the workforce of Nassau County in the state of New York. They brought this suit alleging that in 2011, the defendants—several County leaders as well as the Nassau County Interim Finance Authority ("NIFA") and its members—froze wages for...

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