Legal Opinion

23 Fair empl.prac.cas. 1217, 24 Empl. Prac. Dec. P 31,189 Edward L. Kirkland and Nathaniel Hayes, Each Individually and on Behalf of All Others Similarly Situated v. The New York State Department of Correctional Services Russell Oswald, Individually and in His Capacity as Commissioner of the New York State Department of Correctional Services the New York State Civil Service Commission Ersa Poston, Individually and in Her Capacity as President of the New York State Civil Service Commission and Civil Service Commissioner Michael N. Scelsi and Charles F. Stockmeister, Each Individually and in His Capacity as Civil Service Commissioner, and Dennis Fitzpatrick, Frank McDonnell Bruce Farrell, Thomas Farron, Vincent Digiorgio, Robert Vercile Rose, Raymond E. Friss, and Bruce Meservey, Intervenors-Appellants

Court of Appeals for the Second Circuit

Decided August 18, 1980No. 1127Published

1Opinion of the Court

628 F.2d 796

23 Fair Empl.Prac.Cas. 1217,

24 Empl. Prac. Dec. P 31,189

Edward L. KIRKLAND and Nathaniel Hayes, each Individually

and on behalf of all others similarly situated,

Plaintiffs-Appellees,

v.

The NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES;

Russell Oswald, Individually and in his capacity as

Commissioner of the New York State Department of

Correctional Services; the New York State Civil Service

Commission; Ersa Poston, Individually and in her capacity as

President of the New York State Civil Service Commission and

Civil Service Commissioner; Michael N. Scelsi and Charles F.

Stockmeister,…

2Cases cited12 opinions

  1. Washington v. DavisSupreme Court of the United States · 1976
  2. Matter of Fink v. FineganNew York Court of Appeals · 1936
  3. Sloat v. Board of Examiners of the Board of EducationNew York Court of Appeals · 1937
  4. Kirkland v. New York State Department of Correctional ServicesDistrict Court, S.D. New York · 1974
  5. Chance v. Board of EducationCourt of Appeals for the Second Circuit · 1974

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