Graham v. New York, Department of Civil Service

Second Circuit

Graham v. New York, Department of Civil Service

861 F.2d 381, 1988 U.S. App. LEXIS 15614

Court of Appeals for the Second Circuit·Decided November 17, 1988·No. Nos. 312, 446, Dockets 87-9017, 87-9035·Published

Opinion

PER CURIAM:

This appeal is from a judgment entered in the United States District Court for the Southern District of New York, William C. Conner, Judge, granting summary judgment to Graham and a class of retired female state employees who requested retroactive recalculation of amounts credited them for unused sick days under sex-based actuarial tables. Graham v. New York, 653 F.Supp. 1363 (S.D.N.Y.1987), motion to reargue denied, 664 F.Supp. 166 (S.D.N.Y.1987).

We remand for consideration in light of Florida v. Long, — U.S.-, 108 S.Ct. 2354, 101 L.Ed.2d 206 (1988), and retain jurisdiction in the event of a subsequent appeal.

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PER CURIAM:

This appeal is from a judgment entered in the United States District Court for the Southern District of New York, William C. Conner, Judge, granting summary judgment to Graham and a class of retired female state employees who requested retroactive recalculation of amounts credited them for unused sick days under sex-based actuarial tables. Graham v. New York, 653 F.Supp. 1363 (S.D.N.Y.1987), motion to reargue denied, 664 F.Supp. 166 (S.D.N.Y.1987).

We remand for consideration in light of Florida v. Long, — U.S.-, 108 S.Ct. 2354, 101 L.Ed.2d 206 (1988), and retain jurisdiction in the event of a subsequent appeal.

Graham v. New York, Department of Civil Service, 861 F.2d 381, 1988 U.S. App. LEXIS 15614 (2d Cir. 1988).

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