ROBERTS v. NEW YORK

No. 1:12-CV-0046 MAD/CRH.

911 F.Supp.2d 149 (2012)

Lillian ROBERTS as Executive Director of District Council 37, AFSCME, AFL-CIO, District Council 37, AFSCME, AFL-CIO, Dennis Ifill, as President of the Rent Regulation Services Unit Employees, Local 1359, District Council 37, AFSCME, AFCIO, the Rent Regulation Services Unit Employees, Local 1359, Clifford Koppelman, as President of the Court, County and Department of Probation Employees Unit, Local 1070, the Court, County, and Department of Probation Employees Unit, Local 1070 and Mildred Brown, Shanomae Wiltshire, Norma Galloway, Charmaine Hardaway, Maurice Bouyea, Steven Schwartz, on behalf of themselves and all others similarly situated, Plaintiffs, v. The STATE of NEW YORK, Andrew M. Cuomo, as Governor of the State of New York, New York State Civil Service Department, Patricia A. Hite, as Acting Commissioner, New York State Civil Service Department, New York State Civil Service Commission, Caroline W. Ahl and J. Dennis Hanrahan, as Commissioners of the New York State Civil Service Commission, Robert L. Megna, as Director of the New York State Division of the Budget, and Thomas P. Dinapoli, 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

District Council 37, Erica C. Gray-Nelson, Esq. , of Counsel, New York, 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, retired employees, are required to pay for health insurance benefits in retirement and violated the Contracts Clause and Due Process Clause of the United States Constitution, impaired plaintiffs' contractual rights under the terms of...

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