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ASSOCIATION OF SURROGATES v. STATE OF N.Y.

No. 1039, Docket 91-7936.

966 F.2d 75 (1992)

ASSOCIATION OF SURROGATES AND SUPREME COURT REPORTERS WITHIN the CITY OF NEW YORK, Mary O'Leary, President; Citywide Association of Law Assistants, Barbara Brown, President; Court Attorneys Association of the City of New York, Robert Mulhall, President; Court Officers Benevolent Association of Nassau Co., Jeffrey Pollac, President; District Council 37, American Federation of State, County & Municipal Employees & Local 1070, Paul Shelkin, President; Local 704, Service Employees International Union, John Walsh, President; New York State Supreme Court Officers Association, ILA, Local 2013, AFL-CIO, John McKillop, President; Ninth Judicial District Court Employees Association, Martin Sharp, President; Suffolk County Court Employees Association, Inc., Thomas F. McGuinness, President; the Communication Workers of America, AFL-CIO, Local 1180, Arthur Cheliotes, President; Civil Service Forum, Local 200, SEIU, Salvatore Cangiarella, President; Janet Foster; Susan Glasbrenner; Michael Sullivan; David Richman; Greg Snigor; James DiNapoli; William Rosario; Abel Peltro; George F. Berhorn; Lisa Rosenzwig; and Michael Smith, Plaintiffs-Appellees, v. STATE OF NEW YORK; Edward V. Regan, as Comptroller of the State of New York; and Robert Abrams, as Attorney General of the State of New York, Defendants-Appellants. and Matthew T. Crosson, as Chief Administrator of the Unified Court System and the State of New York Unified Court System, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 5, 1992.

Attorney(s) appearing for the Case

Harvey M. Berman, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., of the State of N.Y., New York City, pro se and of counsel), for defendants-appellants.

Kenneth Falk, New York City (Michael Colodner, Office of Court Admin., New York City, of counsel), for defendant-appellee.

David Schlachter, Commack, N.Y. (Schlachter and Mauro, Commack, N.Y. of counsel), for plaintiffs-appellees.

Before: LUMBARD, NEWMAN and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This is the second appeal in this matter. In the first appeal, we held that New York's lag-payroll law, Act of May 25, 1990, ch. 190, § 375(b), 1990 N.Y.Laws 587, violated the Contract Clause, U.S. Const. art. I, § 10, and remanded to the district court with instructions to order restitution. See Association of Surrogates v. New York, 940 F.2d 766 (2d Cir.1991), cert. denied, ___ U.S...

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