Summary
holding that section 115 of the Civil Service Law applies only to employees of the state and not to employees of the City of Lackawanna
Summary of this case from Lukaszewski v. County of UlsterOpinion
May 20, 1977
Appeal from the Erie Supreme Court.
Present — Moule, J.P., Cardamone, Simons, Dillon and Witmer, JJ.
Order unanimously affirmed, without costs. Memorandum: On this appeal petitioner, Fred Green, contends that he and another individual who were appointed as Janitor Foreman for the City of Lackawanna from the same eligibility list do not receive equal pay for the same work and demands that his salary be raised to equal that of the other janitor foreman. Petitioner further seeks judgment for $11,600 together with interests and costs representing the difference in salary paid from 1970-1975. Respondents allege that the two individuals do not perform equal work. Special Term granted respondents summary judgment dismissing the complaint. We agree. Section 115 Civ. Serv. of the Civil Service Law provides that "it is hereby declared to be the policy of the state to provide equal pay for equal work". While this section is the declared policy of the State, it is applicable only to employees in the service of the State of New York. At all relevant times petitioner was employed by the City of Lackawanna. Accordingly, the equal pay for equal work declaration in the Civil Service Law is not applicable and unenforceable in this proceeding (Matter of Ryan v Adler, 51 Misc.2d 816, affd 28 A.D.2d 920, affd 21 N.Y.2d 815; Alesi v Procaccino, 47 A.D.2d 887).