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CASS v. STATE OF NEW YORK

58 N.Y.2d 460 (1983)

Willard W. Cass, Jr., et al., Appellants, v. State of New York et al., Respondents. (And Two Other Actions.)

Court of Appeals of the State of New York.

Decided March 30, 1983.

Attorney(s) appearing for the Case

Murray A. Gordon and Richard Imbrogno for appellants.

Robert Abrams, Attorney-General (William J. Kogan and Peter H. Schiff of counsel), for State of New York and another, respondents.

Paul A. Feigenbaum for Herbert B. Evans, respondent.

Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur in Per Curiam opinion; Judge FUCHSBERG dissents and votes to reverse in a separate opinion; Chief Judge COOKE taking no part.

Per Curiam.

In these three declaratory judgment actions the plaintiffs are County Court Judges, Family Court Judges, and Surrogates who claim that the Unified Court Budget Act (L 1976, ch 966; L 1979, ch 55; L 1980, ch 881) denies them equal protection insofar as it provides higher salaries for Judges of co-ordinate jurisdiction in certain counties in the New York City metropolitan...

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