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Judge Kahn's Ruling on Furloughs

Judge Kahn's Ruling on Furloughs

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Published by City Room
A federal judge's ruling blocking New York Governor David A. Paterson's scheduled one-day furlough of 100,000 state employees.
A federal judge's ruling blocking New York Governor David A. Paterson's scheduled one-day furlough of 100,000 state employees.

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Published by: City Room on May 12, 2010
Copyright:Attribution Non-commercial

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08/25/2010

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Case 1:1O-cv-00543-LEK-DRH Document 13 Filed 05/12/10 Page 1 of 10
      
 
STATES
DISTRICT
COURTNORTHERN
DISTRICT OF
NEW YORKDANNY
DONOHUE,
as President
of
the CivilService Employees Association, Inc., Local 1000;
AFSCME,
AFL-CIO; and CIVIL SERVICE
EMPLOYEES
ASSOCIATION, INC.,
LOCAL
1000,
AFSCME,
AFL-CIO,Plaintiffs,-against-1:10-CV-00543 (LEK/DRH)
DAVID
A.
PATERSON,
as Governor
of
the State
of
New York;
NEW YORK
STATE ASSEMBLY;
NEW
YORK
STATE
SENATE;
JONATHAN
LIPPMAN,
as
Chief
Judge
of
the
New
York Unified Court System;
and the STATE OF
NEW
YORK,Defendants.
KENNETH
BRYNIEN,
as President
of
the
New
YorkState Public Employees Federation, AFL-CIO,
Plaintiff,-against-1:1O-CV-00544 (LEK/DRH)
DAVID
A.
PATERSON,
as Governor
of
the State
of
New
York;
the STATE OF
NEW
YORK;
NEW
YORK
STATE
GOVERNOR'S
OFFICE OF
EMPLOYEE
RELATIONS;
GARY JOHNSON,
as Executive Director
ofth
the
New
York State Governor's Office
of
EmployeeRelations;
NEW YORK
STATE
DEPARTMENT
OF
AUDIT AND
CONTROL; and
THOMAS
P. DiNAPOLI,
as Comptroller
of
the State
of
New York,
Defendants.PHILLIP H. SMITH,
as President
of
United UniversityProfessions;
UNITED UNIVERSITY PROFESSIONS;
MARGARET
M. STOLEE; WILLIAM M. SIMONS;
BRUCE
T. KUBE;
ROBERT
E. REES;
GRETA
J.
 
Case 1:10-cv-00543-LEK-DRH Document 13 Filed 05/12/10 Page 2 of 10
PETRY; LAURA S. RHOADES; and ELEANORRICHARDS,Plaintiffs,-against-1:10-CV-00546 (LEKIDRH)HONORABLE DAVID
A.
PATERSON,
as Governor
of
the State
of
New York;
GARY JOHNSON,
asExecutive Director
of
the Governor's Office
of
Employee Relations;
NEW
YORK
STATEDEPARTMENT OF AUDIT AND CONTROL;THOMAS P. DiNAPOLI,
as Comptroller
of
the State
of
New York;
NANCY
L.
ZIMPHER,
as Chancellor
of
the State University
of
New York;
THE STATEUNIVERSITY OF NEW YORK; and THE STATE OF
NEW
YORK,Defendants.BARBARA BOWEN,
as President
of
the Professional
Staff
Congress/CUNY;
PROFESSIONAL STAFFCONGRESS/CUNY; FRANK KIRKLAND; ROBERTJ. CERMELE; ROBERT S. NELSON,Plaintiffs,-against-STATE OF NEW YORK, DAVID A. PATERSON,
asGovernor
of
the State
of
NeH'
York;
NEW
YORK
STATE DEPARTMENT OF AUDIT AND CONTROL;THOMAS P. DiNAPOLI,
as Comptroller
of
the State
of
New York;
CITY UNIVERSITY OF
NEW
YORK;
MATTHEW
GOLDSTEIN,
as Chancellor
of
the CityUniversity
of
New York,
Defendants.I: IO-CV-00549 (LEKJDRH)
2
 
Case 1:10-cv-00543-LEK-DRH Document 13 Filed
05/12/10
Page3of 10
I. BACKGROUND
Presently before the
Court
are four
Motions
for temporary restraining orders
CTROs"),
which
seek to
enjoin
implementation
of
certain terms
of
a
New
York
State
"extender
bill" and toenjoin further submittal
of
such bills containing those terms.
Case
Nos. 1:1O-CV-00543 (Dkt. No.9); 1:10-CV-00544 (Dkt.
No.4);
1:10-CV-00546 (Dkt.
No.4);
and 1:10-CV-0054 (Dkt No 4). The
Motions
are
brought
in separate but related actions concerning a single, substantially
similar
factualbasis.
The Court
shall address all four
Motions
together in the instant Order.
The
underlying actions were each filed on
May 11,2009,
with the
Motions
for
TROs
filedcontemporaneously. In
Donohue
et al v.
Paterson
et aI, 1:1O-CV-00543, Plaintiffs
Danny
Donohue,as President
of
the Civil Service Employees Association, Inc., Local 1000,
AFSCME,
AFL-CIO,
and
the Civil Service Employees Association, Inc, Local 1000,
AFSCME,AFL-CIO
have
named
asDefendants:
David
A. Paterson, as
Governor
of
the State
of
New
York; State
of
New
York; the New
York
State Assembly; the
New
York State Senate;
and
Jonathan
Lippman
as
Chief
Judge
of
the
New
York Unified Court
System. In Brynien v. Paterson et aI, 1:1O-CV-00544,
Plaintiff
KennethBryien, as President
of
the
New
York
State
Public
Employees Federation,
AFL-CIO,
has named asDefendants:
David
A. Paterson, as
Governor
of
the State
of
New
York; the State
of
New
York;
NewYork
State
Governor's
Office
of
Employee Relations;
Gary
Johnson, as
Executive
Director
of
the
New
York State
Governor's
Office
of
Employee
Relations;
New
York
State
Department
of
Audit
and
Control;
and Thomas
P. DiNapoli, as
Comptroller
of
the State
of
New
York. In Smith et al v.
Paterson
et ai, 1:1O-CV-00546, Plaintiffs Phillip H. Smith, as President
of
United
UniversityProfessions, United University Professions, Margaret M. Sto1ee,
William
M. Simons, Bruce
T.
3

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