BROWN v. NEW YORK

No. 1:13-CV-645 (MAD/CFH).

975 F.Supp.2d 209 (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 Supreme Court Officers Association, and Joseph C. Walsh, as President and on behalf of the New York State Court Clerks Association, 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 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 Chief Administrative Judge of the State of New York, 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, 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.

September 30, 2013.


Attorney(s) appearing for the Case

Greenberg Burzichelli , Greenberg P.C., Seth H. Greenberg, Esq. , of Counsel, Lake Success, NY, for Plaintiffs.

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


MEMORANDUM-DECISION AND ORDER

MAE A. D'AGOSTINO, District Judge:

INTRODUCTION

On February 22, 2012, Plaintiffs commenced this action alleging that Defendants unilaterally increased the percentage of contributions that Plaintiffs, unions representing active and retired employees, are required to pay for health insurance benefits and thereby violated the Contracts Clause and Due Process Clause of the United States Constitution, impaired Plaintiffs...

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