N.Y. STATE CORRECTIONAL OFFICERS & POLICE v. N.Y.

No. 1:11-CV-1523 (MAD/CRH).

911 F.Supp.2d 111 (2012)

The NEW YORK STATE CORRECTIONAL OFFICERS & POLICE BENEVOLENT ASSOCIATION, INC., Donn Rowe, individually, and as President of the New York State Correctional Officers & Police Benevolent Association, Inc., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. The State of NEW YORK, Andrew M. Cuomo, individually, and in his official capacity as Governor of the State of New York, New York State Civil Service Department, Patricia A. Hite, individually, and in her official capacity as Acting Commissioner, New York State Civil Service Department, New York State Civil Service Commission, Caroline W. Ahl and J. Dennis Hanrahan, individually, and in their official capacities as Commissioners 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, and Thomas P. DiNapoli, individually, and in his official capacity as Comptroller of the State of New York, and New York State and Local Retirement System, Defendants.

United States District Court, N.D. New York.

December 3, 2012.


Attorney(s) appearing for the Case

Sheehan Greene Goldman & Jacques LLP, Jeffrey P. Mans, Esq. , of Counsel, Albany, NY, for Plaintiffs.

Eric T. Schneiderman , Attorney General of the State of New York, Charles J. Quackenbush, Esq. , Asst. Attorney General, of Counsel, Albany, NY, for Defendants.


MEMORANDUM-DECISION AND ORDER

MAE A. D'AGOSTINO, District Judge:

INTRODUCTION

Plaintiffs commenced the within action alleging that defendants unilaterally increased the percentage of contributions that plaintiffs, active and retired employees, are required to pay for health insurance benefits in retirement and, thereby, violated the Contracts Clause and Due Process Clause of the United States...

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