LARABEE v. GOVERNOR OF THE STATE OF NEW YORK


20 Misc.3d 866 (2008)

860 N.Y.S.2d 886

SUSAN LARABEE et al., Plaintiffs, v. GOVERNOR OF THE STATE OF NEW YORK et al., Defendants.

Supreme Court, New York County.

June 11, 2008.


Attorney(s) appearing for the Case

Chadbourne & Parke, New York City (Thomas E. Bezanson, George Bundy Smith and J. Carson Pully of counsel), for plaintiffs.

Andrew M. Cuomo, Attorney General, New York City (Joel Graber of counsel), for defendants.


OPINION OF THE COURT

EDWARD H. LEHNER, J.

The principal issue before me on plaintiffs' motion for summary judgment is whether it is unconstitutional under the circumstances herein for defendants to have deprived the judiciary of a salary adjustment for almost a decade due to linkage of the judicial pay issue to measures dealing with legislative compensation and other unrelated substantive matters.

The Prior Motion

The basic facts in this...

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