CUESTA v. STATE OF N.Y. OFFICE OF COURT ADMIN.

No. 83 Civ. 3714 (PNL).

571 F.Supp. 392 (1983)

Hermino CUESTA, Joann Barbagallo, Carlos Chaluisan, Jeannette Davilla, Christopher Garcia, Earl Hall, James Lee, Samuel Leon, Katherine Oliver, Victor Ortiz, Paul E. Parker, Josep Riffas, Henry Seltzer, Jeff Skopp, Sharon Smalls and Stephen Walters, on their own behalf and on behalf of all others similarly situated, Plaintiffs, v. The STATE OF NEW YORK OFFICE OF COURT ADMINISTRATION; Honorable Herbert B. Evans, in his capacity as State Administrative Judge of the New York State Office of Court Administration; the New York State Civil Service Commission; and Joseph A.F. Valenti, in his capacity as President of the New York State Civil Service Commission and Civil Service Commission, Defendants.

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

September 16, 1983.


Attorney(s) appearing for the Case

Gordon, Schechtman & Gordon, Murray A. Gordon, Richard Imbrogno, New York City, for plaintiffs.

Office of Court Administration Paul A. Feigenbaum, John Eiseman, New York City, for defendants Evans and Office of Court Admin.

Robert Abrams, Atty. Gen., of New York, Melvyn R. Leventhal, Deputy First Asst. Atty. Gen., Stanley A. Camhi, Howard L. Zwickel, Asst. Attys. Gen., New York City, for defendants Valenti and Civil Service Com'n.


OPINION AND ORDER

LEVAL, District Judge.

Plaintiffs are provisional New York State court officers. They were appointed by virtue of their performance on a 1977 competitive examination, but received only provisional appointments because that examination was challenged for racial discrimination in Underwood v. Office of Court Administration, 78 Civ. 4382 (CSH). Pursuant to a class action consent judgment in that case, the State developed and administered...

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