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DIAMOND v. CUOMO

70 N.Y.2d 338 (1987)

Ralph Diamond et al., Appellants-Respondents, v. Mario Cuomo, as Governor of the State of New York, et al., Respondents, and Westchester County Board of Elections, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided October 15, 1987.

Attorney(s) appearing for the Case

Joseph O. Giaimo for appellants-respondents.

Robert Abrams, Attorney-General (Lawrence S. Kahn, O. Peter Sherwood and Arnold D. Fleischer of counsel), for Mario Cuomo and others, respondents.

Michael Colodner, John Eiseman and Ann T. Pfau for Albert M. Rosenblatt and another, respondents.

Henry J. Logan, County Attorney (Frank Marocco and Kenneth E. Powell of counsel), for respondent-appellant.

Joseph F. Gagliardi pro se, amicus curiae.

Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in Per Curiam opinion; Chief Judge WACHTLER and Judge BELLACOSA taking no part.

Per Curiam.

This action, instituted by various State Judges, seeks a declaration that article VI, § 25 (b) of the State Constitution and section 23 of the Judiciary Law, which require retirement of Judges and Justices of the Unified Court System at age 70, are unconstitutional as applied to them. We rejected similar claims in 1984 declaring the challenged provisions constitutional in Maresca v Cuomo (

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