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MOORE v. ROSS

No. 79 Civ. 1825 (RLC).

502 F.Supp. 543 (1980)

Wilbert MOORE and Malcolm Turner, individually and on behalf of all others similarly situated, Plaintiffs, v. Philip ROSS, individually and as Industrial Commissioner of the State of New York, New York State Department of Labor, Louis Sitkin, individually and as Chairman of the New York State Unemployment Insurance Appeal Board, John A. Rogalin, individually and as a Member of the New York State Unemployment Insurance Appeal Board, James R. Rhone, individually and as a Member of the New York State Unemployment Insurance Appeal Board, Harry Zankel, individually and as a Member of the New York State Unemployment Insurance Appeal Board, and G. Douglas Pugh, individually and as a Member of the New York State Unemployment Insurance Appeal Board, Defendants.

United States District Court, S. D. New York.

December 5, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen. of the State of New York, New York City, for defendants; Donald Sticklor, Asst. Atty. Gen., New York City, of counsel.

Kalman Finkel, Attorney-in-Charge, Civil Division, Morton B. Dicker, Attorney-in-Charge, Legal Aid Society, John E. Kirklin, Director of Litigation, Legal Aid Society, Civil Appeals & Law Reform Unit, New York City, for plaintiffs; Paula Galowitz, Kenneth G. Rothstein, Constance P. Carden, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

This case has been brought as a class action challenging the constitutionality of procedures employed by the New York State Unemployment Insurance Appeal Board ("Appeal Board" or "Board"). Pursuant to the state statutory scheme, N.Y. Labor Law §§ 500 et seq. (McKinney) (1977), unemployment insurance claims are decided by a process comprised of an initial...

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