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IN THE MATTER OF MARON v. SILVER

58 A.D.3d 102 (2008)

871 N.Y.S.2d 404

In the Matter of EDWARD A. MARON et al., Appellants-Respondents, v. SHELDON SILVER, as Speaker of the State Assembly, et al., Respondents-Appellants, et al., Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

November 13, 2008.

Attorney(s) appearing for the Case

Law Office of Steven Cohn, P.C., Carle Place (Steven Cohn of counsel), for appellants-respondents.

Andrew M. Cuomo, Attorney General, Albany (Julie M. Sheridan of counsel), for Sheldon Silver and others, respondents-appellants.

Schlam, Stone & Doland, L.L.P., New York City (Richard H. Dolan of counsel), for Eliot Spitzer and another, respondents-appellants.

Stroock & Stroock & Lavan, L.L.P., New York City (Joseph L. Forstadt of counsel), for The Association of Justices of the Supreme Court of the State of New York and others, amici curiae.

ROSE, LAHTINEN and KANE, JJ., concur with MERCURE, J.P.; PETERS, J., concurs in part and dissents in part in a separate opinion.

OPINION OF THE COURT

MERCURE, J.P.

Petitioners are current and former justices of various courts of the Unified Court System. Their salaries, which are paid by the state and specified by statute (see Judiciary Law §§ 220, 221-a et seq.), have not been increased since January 1, 1999. As set forth in a May 2007 report from the National Center for State Courts commissioned by the state's Chief Judge, no other state court judges have...

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