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PINES v. STATE OF NEW YORK

2011-02821

115 A.D.3d 80 (2014)

979 N.Y.S.2d 142

2014 NY Slip Op 335

EMILY PINES et al., Respondents, v. STATE OF NEW YORK, Appellant.

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

Decided January 22, 2014.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Andrew D. Bing and Julie M. Sheridan of counsel), for appellant.

Steven Cohn, P.C., Carle Place ( Richard Lieb and Paula Schwartz Frome of counsel), for respondents.

Stroock & Stroock & Lavan, LLP, New York City ( Joseph L. Forstadt , Alan M. Klinger , Ernst H. Rosenberger , Burton M. Lipshie , Jerry H. Goldfeder and Linda M. Melendres of counsel), for Association of Justices of Supreme Court of State of New York and others, amici curiae.

DILLON, J.P., LOTT and COHEN, JJ., concur.

OPINION OF THE COURT

MILLER, J.

At the time this lawsuit was commenced, more than a decade had passed since the plaintiffs and their colleagues in the New York State judiciary had received a pay raise authorized by the legislature. While caseloads continued to increase with each passing year, the compensation of New York jurists remained fixed (see An Overdue Raise, Albany Times Union, June 1, 2005). When adjusted for inflation and the cost of living...

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