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Published by JimmyVielkind

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Published by: JimmyVielkind on Dec 28, 2011
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UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF NEW YORK  ____________________________________________________ DANNY DONOHUE, as President of the Civil ServiceEmployees Association, Inc., Local 1000, AFSCME,AFL-CIO, and CIVIL SERVICE EMPLOYEESASSOCIATION, INC., LOCAL 1000, AFSCME,AFL-CIO, and MILO BARLOW, THOMAS JEFFERSON,CORNELIUS KENNEDY, JUDY RICHARDS, and HENRYWAGONER on behalf of themselves and certain otherRETIREES of the STATE OF NEW YORK formerly in theCSEA BARGAINING UNITS,Plaintiffs,-against-THE STATE OF NEW YORK, ANDREW M. CUOMOas Governor of the State of New York, NEW YORK STATE CIVIL SERVICE DEPARTMENT, PATRICIA A.HITE as Acting Commissioner, New York State CivilService Department, NEW YORK STATE CIVILSERVICE COMMISSION, CAROLINE W. AHL andJ. DENNIS HANRAHAN as Commissioners of theNew York State Civil Service Commission, ROBERT L.MEGNA as Director of the New York State Division of the Budget, THOMAS P. DiNAPOLI as Comptroller of theState of New York, the NEW YORK STATE AND LOCALRETIREMENT SYSTEM, JONATHAN LIPPMAN as Chief Judge of the New York State Unified Court System, and theNEW YORK STATE UNIFIED COURT SYSTEM,Defendants.COMPLAINTCivil Action No.Demand for Jury TrialCLASS ACTION ____________________________________________________ 
Plaintiffs DANNY DONOHUE, as President of the Civil Service Employees Association,Inc., Local 1000, AFSCME, AFL-CIO, the CIVIL SERVICE EMPLOYEES ASSOCIATION,INC., LOCAL 1000, AFSCME, AFL-CIO (hereinafter “CSEA”), and retirees MILO BARLOW,THOMAS JEFFERSON, CORNELIUS KENNEDY, JUDY RICHARDS, and HENRY
WAGONER on behalf of themselves and certain other RETIREES of the STATE OF NEWYORK formerly in the CSEA BARGAINING UNITS by their attorneys STEVEN A. CRAINand DAREN J. RYLEWICZ (PAUL S. BAMBERGER, of counsel) as and for their Complaint,respectfully set forth as follows:
This is an action for declaratory and injunctive relief pursuant to 28 USC §§2201and 2202, and money damages, to redress the State defendants’ deprivation of plaintiffs’ rightssecured pursuant to the Contract Clause of the United States Constitution, Article I, §10, theFourteenth Amendments to the United States Constitution, 42 USC §1983, Article I, §6 of the New York State Constitution, and for breach of contract, and violation of Civil Service Law§167, resulting from the State defendants’ unilateral action effective October 1, 2011 increasingthe contribution rates that plaintiffs-retirees pay for their retiree health insurance which impairedtheir contract rights under the terms of their collective bargaining agreements.2.
Plaintiffs further seek an order declaring Chapter 491 of the Laws of 2011,amending Civil Service Law §167(8), unconstitutional, as applied, and enjoining the Statedefendants’ implementation thereof, to the extent that said law and any regulations adoptedthereunder impermissibly impair the obligation of the contract between the State and individual plaintiffs-retirees and the class they represent, by increasing the contribution rates that suchretirees are required to pay for health insurance benefits in retirement.
Federal question jurisdiction exists over the Constitutional contract impairmentclaims in the Complaint under 28 USC §§1331 and 1343(3).2
This Court has supplemental jurisdiction to entertain plaintiffs-retirees’ State lawclaims pursuant to 28 USC §1367.
Venue is proper under 28 USC §1391(b) in the United States District Court for the Northern District of New York because the offices of Defendant Governor Andrew M.Cuomo, Plaintiff Donohue, and Plaintiff CSEA headquarters, are all located in Albany, NewYork. Moreover, the acts complained of occurred in Albany, New York.
Plaintiff DANNY DONOHUE is the duly elected Statewide President of theCSEA and sues herein pursuant to and within the scope of his authority as an elected statewideofficer of CSEA.7.
Plaintiff CSEA is a not-for-profit corporation duly organized and existing under the laws of the State of New York, and is an employee organization under the Public Employees’Fair Employment Act, N.Y. Civil Service Law Article 14 (“Taylor Law”), and is the dulyrecognized collective negotiating representative for, among others, New York State employees inthe Administrative Services Unit (hereinafter “ASU”), Institutional Services Unit (hereinafter “ISU”), Operational Services Unit (hereinafter “OSU”), and Division of Military and NavalAffairs Unit (hereinafter “DMNA”), as well as a unit of employees of the New York StateUnified Court System (hereinafter “UCS”).8.
Plaintiff Milo Barlow is a resident of Warren County, State of New York, and wasan employee of the State of New York for 29 years. He held the title Highway MaintenanceSupervisor and was covered by the OSU collective bargaining agreement at the time of hisretirement in July 1992. He has individual retiree health insurance coverage. From the date of 3

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