DONOHUE v. CUOMO

Docket No. 18-3193-cv August Term, 2019.

980 F.3d 53 (2020)

Danny DONOHUE, as President of the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Milo Barlow, on Behalf of Himself, on Behalf of Retirees of the State of New York Formerly in the CSEA Bargaining Units, Thomas Jefferson, on Behalf of Himself, on Behalf of Retirees of the State of New York Formerly in the CSEA Bargaining Units, Cornelius Kennedy, on Behalf of Himself, on Behalf of Retirees of the State of New York Formerly in the CSEA Bargaining Units, Judy Richards, on Behalf of Herself, on Behalf of Retirees of the State of New York Formerly in the CSEA Bargaining Units, Henry Wagoner, on Behalf of Himself, on Behalf of Retirees of the State of New York Formerly in the CSEA Bargaining Units, Plaintiffs-Appellants, v. Andrew M. CUOMO, in His Official Capacity as Governor of the State of New York, Patricia A. Hite, Individually and in Her Official Capacity as Acting Commissioner, New York State Civil Service Department, Caroline W. Ahl, in Her Official Capacity as Commissioner of the New York State Civil Service Commission, J. Dennis Hanrahan, in His Official Capacity as Commissioner of the New York State Civil Service Commission, Robert L. Megna, Individually and in His Official Capacity as Director of the New York State Division of the Budget, Thomas P. DiNapoli, in His Official Capacity as Comptroller of the State of New York, Jonathan Lippman, in His Official Capacity as Chief Judge of the New York State Unified Court System, Defendants-Appellees, The State of New York, New York State Civil Service Department, New York State and Local Retirement System, New York State Unified Court System, Defendants.

United States Court of Appeals, Second Circuit.

Decided: November 6, 2020.


Attorney(s) appearing for the Case

Eric E. Wilke , Of Counsel, Civil Service Employees Association, Inc., Albany, NY ( Daren J. Rylewicz , Jennifer C. Zegarelli , on the brief), for Plaintiffs-Appellants.

Frederick A. Brodie , Assistant Solicitor General of Counsel, Albany, NY ( Letitia James , Attorney General, State of New York, Barbara D. Underwood , Solicitor General, Andrea Oser , Deputy Solicitor General on the brief), for Defendants-Appellees.

Before: Newman, Hall, and Lynch, Circuit Judges.


This case arises from the State of New York's 2011 reduction, through the amendment of a state statute and regulation, of its rate of contribution to certain retired former employees' health insurance premiums for the first time in almost twenty-nine years, from 90% to 88% for individual coverage and from 75% to 73...

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