Graham v. New York, Department of Civil Service

U.S. Court of Appeals for the Second Circuit November 17, 1988

Graham v. New York, Department of Civil Service, 861 F.2d 381 (2d Cir. 1988)

1988 U.S. App. LEXIS 15614

Opinion of the Court

PER CURIAM:

This appeal is from a judgment entered in the United States District Court for the Southern District of New York, William C. Conner, Judge, granting summary judgment to Graham and a class of retired female state employees who requested retroactive recalculation of amounts credited them for unused sick days under sex-based actuarial tables. Graham v. New York, 653 F.Supp. 1363 (S.D.N.Y. 1987), motion to reargue denied, 664 F.Supp. 166 (S.D.N.Y. 1987).

We remand for consideration in light of Florida v. Long, — U.S.-, 108 S.Ct. 2354, 101 L.Ed.2d 206 (1988), and retain jurisdiction in the event of a subsequent appeal.

Reference

Full Case Name: Adele GRAHAM and Tamaara Danish, Individually and as representatives of a class of persons similarly situated, Plaintiffs-Appellants-Cross-Appellees v. STATE OF NEW YORK, DEPARTMENT OF CIVIL SERVICE Edward V. Regan, as Comptroller of the State of New York Mario Cuomo, as Governor of the State of New York, Defendants-Appellees-Cross-Appellants
Status: Published