Estes v. City of New York

This is an application for relief under article 78 of the Civil Practice Act.

*809Petitioners are bridge painters employed by the City of New York and are civil service employees. They are paid on a per diem basis at the prevailing rate of wages. Others in the same civil service classification, who are junior to petitioners in point of view of length of service, are employed and paid on a per annum basis. In the normal course of business petitioners work only on those days which are suitable for bridge painting, which may not exceed 180 days in each year. Those similarly classified, who are on a…