MATTER OF TOLUB v. EVANS


58 N.Y.2d 1 (1982)

In the Matter of Walter Tolub et al., Appellants, v. Herbert B. Evans, as Chief Administrative Judge of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 18, 1982.


Attorney(s) appearing for the Case

Joseph L. Forstadt, Charles G. Moerdler, Burton N. Lipshie, Daniel Turbow and Richard F. Cauley for appellants.

John Eiseman, Paul A. Feigenbaum and Michael Colodner for Herbert B. Evans and others, respondents.

Judges JONES, WACHTLER and MEYER concur with Judge JASEN; Judge FUCHSBERG dissents and votes to reverse in a separate opinion in which Judge GABRIELLI concurs; Chief Judge COOKE taking no part.


JASEN, J.

The issue presented by this appeal is whether the various provisions of the Judiciary Law which provide the method of computing salaries for law assistants serving in the Unified Court System violate the petitioners' right to equal protection of the law.

Petitioners are law assistants to Justices and Judges of the Supreme Court and the Surrogate's Court in the City of New York. Prior to April...

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