BROWN v. NEW YORK

No. 12-CV-0930 (ADS)(ARL).

947 F.Supp.2d 317 (2013)

Barbara G. BROWN, as President and on behalf of the Citywide Association of Law Assistants, Arthur Cheliotes, as President and on behalf of Local 1180, Communications Workers of America, AFL-CIO, John Clancy, as President and on behalf of the Court Officers Benevolent Association of Nassau County, Clifford Koppelman, as President and on behalf of Local 1070, District Council 37, AFSCME, AFL-CIO, Brenda Levinson, as President and on behalf of the Court Attorneys Association of the City of New York, Christopher Manning, as President and on behalf of the Suffolk County Court Employees Association, Inc., John Strandberg, As President and on behalf of the New York State Supreme Court Officers Association, Joseph C. Walsh, as President and on behalf of the New York State Court Clerks Associations, Plaintiffs, v. State of NEW YORK, Andrew M. Cuomo, individually and in his official capacity as Governor of the State of New York, New York Unified Court System, Jonathan Lippman, individually and in his capacity as the Chief Judge of the State of New York, A. Gail Prudenti, individually and in her capacity as the Chief Administrative Judge of the Court of New York State, New York State Civil Service Department, Patricia A. Hite, individually, and in her official capacity as Commissioner of the 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, 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, E.D. New York.

June 1, 2013.


Attorney(s) appearing for the Case

Greenberg Burzichelli Greenberg P.C. by Harry Greenberg, Esq. , Linda N. Keller, Esq. , Seth H. Greenberg, Esq. , Of Counsel, Lake Success, NY, Attorneys for the Plaintiffs.

Eric T. Schneiderman , Attorney General of the State of New York by Ralph Pernick , Assistant Attorney General, Mineola, NY, Attorneys for the Defendants.


MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The Plaintiffs commenced the within action alleging that the Defendants unilaterally increased the percentage of contributions that employees represented by the Plaintiffs, New York State public-employee unions, were required to pay for health insurance benefits and thereby violated the Contracts Clause and Due Process Clause of the United States Constitution and impaired the Plaintiffs' contractual...

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