McDermott v. Coughlin

Appellate Division of the Supreme Court of New York

McDermott v. Coughlin

202 A.D.2d 943, 610 N.Y.S.2d 329, 1 Wage & Hour Cas.2d (BNA) 1664, 1994 N.Y. App. Div. LEXIS 3058

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 31, 1994

StatusPublished

Cited by1 cases

This text of 202 A.D.2d 943 (McDermott v. Coughlin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McDermott v. Coughlin, 202 A.D.2d 943, 610 N.Y.S.2d 329, 1 Wage & Hour Cas.2d (BNA) 1664, 1994 N.Y. App. Div. LEXIS 3058 (N.Y. Ct. App. 1994).

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—Appeal from a judgment of the Supreme Court (Williams, J.), entered December 7, 1992 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to, inter alia, review a determination of respondent Civil Service Commission denying the request by various petitioners for hazardous duty differential pay.

Contrary to petitioners’ contention, we find that the minimum security classification given by respondent Commissioner of Correctional Services to the Lakeview Shock Incarceration Correctional Facility in Chautauqua County is not arbitrary or capricious or a violation of their right to equal protection. Notwithstanding the fact that it possesses some physical characteristics of a higher security classification, this facility clearly functions as a minimum security shock incarceration facility. In such circumstances, hazardous duty differential pay is not available under Civil Service Law § 130 (9). Furthermore, inasmuch as there is a reasonable connection between the right to hazardous duty pay and the security level of a correctional facility, there is no equal protection violation.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (Williams, J.), entered December 7, 1992 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to, inter alia, review a determination of respondent Civil Service Commission denying the request by various petitioners for hazardous duty differential pay.

Contrary to petitioners’ contention, we find that the minimum security classification given by respondent Commissioner of Correctional Services to the Lakeview Shock Incarceration Correctional Facility in Chautauqua County is not arbitrary or capricious or a violation of their right to equal protection. Notwithstanding the fact that it possesses some physical characteristics of a higher security classification, this facility clearly functions as a minimum security shock incarceration facility. In such circumstances, hazardous duty differential pay is not available under Civil Service Law § 130 (9). Furthermore, inasmuch as there is a reasonable connection between the right to hazardous duty pay and the security level of a correctional facility, there is no equal protection violation.

Mikoll, J. P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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202 A.D.2d 943, 610 N.Y.S.2d 329, 1 Wage & Hour Cas.2d (BNA) 1664, 1994 N.Y. App. Div. LEXIS 3058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdermott-v-coughlin-nyappdiv-1994.

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