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AHERN v. STATE OF N.Y.

Nos. 89-CV-956, 89-CV-887, 89-CV-1235 and 89-CV-1110.

807 F.Supp. 919 (1992)

John F. AHERN, et al., Plaintiffs, v. The STATE OF NEW YORK, the Division of the New York State Police, and Thomas A. Constantine, as Superintendent of the Division of the New York State Police, Defendants. Gerald J. LONG, Paul L. Piwinski, Denis J. Donovan, Robert P. Faynor, John J. Tonzi, Donald E. Brandstetter, Douglas C. Field, Individually and on behalf of others similarly situated, Plaintiffs, v. Thomas CONSTANTINE, Superintendent New York State Police, New York State Police and the State of New York, Defendants. John M. MORAN, et al., Plaintiffs, v. STATE OF NEW YORK, Defendant. Lynn MARTIN, Secretary of Labor United States Department of Labor, Plaintiff, v. STATE OF NEW YORK, Defendant.

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

December 8, 1992.

Attorney(s) appearing for the Case

Blitman & King (Douglas L. Steele, of counsel), Syracuse, NY, for plaintiffs in No. 89-CV-956.

Michaels & Bell, P.C. (Jan M. Smolak, of counsel), Auburn, NY, for plaintiffs in No. 89-CV-887.

Mulholland & Hickey (Gregory K. McGuillivary, of counsel), Washington, DC, for plaintiffs in No. 89-CV-1235.

Patricia M. Rodenhausen, Regional Sol., U.S. Dept. of Labor (James A. Magenheimer, of counsel), New York City, for plaintiff in No. 89-CV-1110.

Robert Abrams, Atty. Gen., State of N.Y., Dept. of Law (Alan S. Kaufman, Asst. Atty. Gen., of counsel), Albany, NY, for defendants.

MEMORANDUM

CHOLAKIS, District Judge.

For the convenience of the Court and the parties, this Memorandum addresses the issues in the above-captioned matters. At issue in each case is whether the members of the New York State Police Bureau of Criminal Investigation (BCI) fall within the "administrative or executive employee" exception to the federal Fair Labor Standards Act of 1938 (FLSA), codified as amended at...

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