MARESCA v. CUOMO


64 N.Y.2d 242 (1984)

Orest V. Maresca et al., Appellants, v. Mario Cuomo, as Governor of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 31, 1984.


Attorney(s) appearing for the Case

Joseph O. Giaimo and Peter C. Roth for appellants.

Robert Abrams, Attorney-General (Arnold D. Fleischer, Robert Hermann, O. Peter Sherwood and Howard L. Zwickel of counsel), for Mario Cuomo and others, respondents.

Burton C. Agata for Phyllis Gangel Jacob, respondent.

Dudley Gaffin and Morton S. Minsley for Seymour Gerschwer, respondent.

Lewis R. Friedman and Nicholas J. Miglino for Charles E. Ramos, respondent.

Michael Colodner, John Eiseman and Barbara Zahler-Gringer for Office of Court Administration, respondent.

Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur; Chief Judge COOKE taking no part.


JASEN, J.

On this appeal, plaintiffs challenge the State constitutional and statutory requirements that certain Judges of the State retire at age 70. The challenge is based upon both the equal protection and due process clauses to the Fourteenth Amendment of the United States Constitution.1

Plaintiffs Maresca, Rosen, Ramos-Lopez and Wollin are Judges of the Civil Court of...

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