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CAREY v. CUOMO

No. 93 Civ. 5698 (VLB).

842 F.Supp. 113 (1994)

John CAREY, as a County Court Judge of the State of New York, Plaintiff, v. Mario M. CUOMO, as Governor of the State of New York; and Judith S. Kaye, Francis T. Murphy, Guy J. Mangano, Leonard A. Weiss and M. Dolores Denman, members of and constituting the Administrative Board of the Courts of the State of New York, Defendants.

United States District Court, S.D. New York.

January 25, 1994.

Attorney(s) appearing for the Case

E.A. Dominianni, Coudert Bros., New York City, for plaintiff.

John J. Sullivan, Asst. Atty. Gen., New York City, for defendant Cuomo.

Michael Colodner, New York City, for other defendants.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This case is brought under 42 U.S.C. § 1983 based upon the Equal Protection clause of the Fourteenth Amendment, challenging failure of New York State to afford post-retirement opportunities to County Court judges equal to those afforded certain other judges, even where the county judges performed the same duties as the more favored jurists. The litigation presents a delicate issue...

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