In the Matter of Joseph W. Kelley, as District Attorney of Clinton County, Respondent,
v.
Roy McGee, as County Treasurer of Clinton County, et al., Appellants.
In the Matter of John R. King, as District Attorney of Dutchess County, Appellant,
v.
M. Philip Amodeo, as Commissioner of Finance of Dutchess County, et al., Respondents.
In the Matter of James R. Harvey, as District Attorney of Ontario County, Respondent,
v.
Francis Finnick, as Ontario County Treasurer, et al., Appellants. (And Another Proceeding.)
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued November 11, 1982.
Decided December 8, 1982.
Attorney(s) appearing for the Case
Patrick R. McGill, County Attorney, for appellants in the first above-entitled proceeding.
Carroll J. Mealey, Michael T. Wallender and James F. Downs for respondent in the first above-entitled matter.
Thomas D. Mahar, Jr., for appellant in the second above-entitled proceeding.
Stephen J. Wing, County Attorney for respondents in the second above-entitled proceeding.
Kevin F. McDonough for Joseph Joch and another, amici curiae in the second above-entitled proceeding.
John E. Murray, County Attorney, for Broome County, amicus curiae in the second above-entitled proceeding.
Clavin M. Berger, James L. Kalteux, Kenneth F. Hartman and John K. Dalton for Edward V. Regan, State Comptroller, amicus curiae in the second above-entitled proceeding.
John W. Park, County Attorney, for appellants in the third above-entitled proceeding.
Mark Dwyer and Robert M. Pitler for respondent in the third above-entitled proceeding.
Robert Abrams, Attorney-General (Peter H. Schiff and Leslie Neustadt of counsel), in his statutory capacity under section 71 of the Executive Law in the third above-entitled proceeding.
Jerrold L. Neugarten and Mark Dwyer for New York State District Attorneys Association, amicus curiae, in the third above-entitled proceeding.
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Court of Appeals of the State of New York.
GABRIELLI, J.
In these three appeals, the District Attorneys of the Counties of Clinton, Dutchess and Ontario seek compensation in accordance with sections 183-a and 221-d of the Judiciary Law. We hold that the requirement of section 183-a that full-time District Attorneys in certain counties be paid at the same salary level as County Court Judges in their counties is not in conflict with the home rule provisions...
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