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GRAHAM v. STATE OF N.Y., DEPT. OF CIVIL SERVICE

No. 84 Civ. 4546 (WCC).

653 F.Supp. 1363 (1987)

Adele GRAHAM and Tamaara Danish, individually and as representatives of a class of persons similarly situated, Plaintiffs, 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.

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

February 17, 1987.

Attorney(s) appearing for the Case

James I. Meyerson, New York City, Graham & Graham, Denver, Colo., for plaintiffs; Adele Graham, of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for defendants; Judith T. Kramer, Jan P. Ryan, Asst. Attys. Gen., of counsel.

WILLIAM C. CONNER, District Judge:

Upon retirement, an employee of the State of New York ("the State") receives from the State a monthly credit toward the cost of his health care insurance based on the amount of accumulated-but-unused sick leave he had at the time he retired. The amount of this monthly credit is fixed at the time of the employee's retirement, and is paid to him for the remainder of his lifetime. In calculating the amount of the credit, the State uses...

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