Wolkenstein v. Reville

FRIENDLY, Circuit Judge:

This is the latest in a long series of challenges in the state and federal courts over the last decade to the constitutionality of § 210 of New York’s Civil Service Law (the Taylor Law), which prohibits strikes by public employees. See Cheeseman v. Carey, 623 F.2d 1387, 1389-90 & note 3 (2 Cir.1980). The action, brought under 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343(3), in the District Court for the Western District of New York, contests the procedures prescribed by § 210.2 for determining whether a public employee participated in a strike…