DONOHUE v. HOCHUL

Docket No. 18-3193-cv August Term, 2021.

32 F.4th 200 (2022)

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. Kathleen C. HOCHUL, in her Official capacity as Governor of the State of New York, Patricia A. Hite, individually, Rebecca A. Corso, 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, Lani V. Jones, in her official capacity as Commissioner of the New York State Civil Service Commission, Robert L. Megna, individually, Robert F. Mujica, Jr., 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, Janet M. DiFiore, in her 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: April 27, 2022.


Attorney(s) appearing for the Case

Eric E. Wilke , 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, 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.

Robert T. O'Reilly , New York State United Teachers, New York, NY, for Amicus Curiae United University Professions.

Before: Newman and Lynch, Circuit Judges.


Plaintiffs-Appellants the Civil Service Employees Association ("CSEA") and certain of its officers and retired former members (collectively, "the CSEA Plaintiffs") brought this action against various New York State officials (collectively, "the State"), asserting claims for breach of contract and unconstitutional...

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