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MATTER OF SPENCE v. NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS

No. 17.

32 N.Y.3d 991 (2018)

111 N.E.3d 307

86 N.Y.S.3d 413

2018 NY Slip Op 06071

In the Matter of WAYNE SPENCE, as President of the New York State Public Employees Federation, AFL-CIO, et al., Appellants, v. NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS et al., Respondents.

Court of Appeals of New York.

Decided September 18, 2018.

Attorney(s) appearing for the Case

Edward J. Aluck, New York State Public Employees Federation, AFL-CIO, Albany (Jessica C. Caggiano of counsel), for appellants.

Barbara D. Underwood, Attorney General, Albany (Jonathan D. Hitsous, Andrew D. Bing and Victor Paladino of counsel), for respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, affirmed, without costs. The challenged policy has not been shown to be unconstitutional (see Civil Service Comm'n v Letter Carriers, 413 U.S. 548, 564 [1973]; see also United States v Treasury Employees, 513 U.S. 454, 467 [1995...

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