Rapp v. Carey

The plaintiffs are managerial and confidential employees of the State of New York and have brought this action on behalf of themselves and all others similarly situated* to have Executive Order No. 10.1 (9 NYCRR 3.10) issued by the defendant, Governor Hugh L. Carey, declared unconstitutional and to permanently enjoin its enforcement. They have moved for a preliminary injunction, and defendants have cross-moved for summary judgment dismissing the amended complaint.

The terms of the Executive Order, issued on October 22, 1976, correspond to those in Executive Order No. 10 which was limited to…