Fordock v. City of Syracuse

OPINION OF THE COURT

Robert G. Hurlbutt, J.

This CPLR article 78 proceeding is commenced by two employees of the respondent City of Syracuse seeking a judg*131ment "annulling, cancelling and setting aside the Respondent’s implementation of Section 8-112 (2) of the City Charter of the City of Syracuse-1960.” The proceeding is brought as a class action, and the parties have in their papers addressed the appropriateness thereof. However, since no specific motion for an order determining whether a class action may be maintained pursuant to CPLR 902 has been made, any consideration whether the…