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Graham v. New York

decided: November 17, 1988.

ADELE GRAHAM AND TAMAARA DANISH, INDIVIDUALLY AND AS REPRESENTATIVES OF A CLASS OF PERSONS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS-CROSS-APPELLEES,
v.
STATE OF NEW YORK, DEPARTMENT OF CIVIL SERVICE; EDWARD V. REGAN, AS COMPTROLLER OF THE STATE OF NEW YORK; MARIO CUOMO, AS GOVERNOR OF THE STATE OF NEW YORK, DEFENDANTS-APPELLEES-CROSS-APPELLANTS



Appeal from judgment of the United States District Court for the SOuthern DIstrict of New York, William C. Conner, Judge, granting plaintiffs' motion for summary judgment in suit seeking recalculation of retirement benefits. Remanded for reconsideration in light of Florida v. Long, 56 U.S.L.W. 4718 (U.S. June 22, 1988).

Before: LUMBARD, OAKES, and NEWMAN, Circuit Judges.

Per Curiam:

This appeal is from a judgment entered in the United States District Court for the Southern DIstrict of New York, William C. Conner, Judge, granting summary judgment to Graham and a class of retired female state employees who requested retroactive recalculation of amounts credited them for unused sick days under sex-based actuarial tables. Graham v. New York, 563 F. Supp. 1363 (S.D.N.Y. 1987), motion to reargue denied, 664 F. Supp. 166 (S.D.N.Y. 1987).

We remand for consideration in light of Florida v. Long, 56 U.S.L.W. 4718 (U.S. June 22, 1988), and retain jurisdiction in the event of a subsequent appeal.

19881117

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