Ralph Diamond et al., Respondents,
v.
Mario Cuomo, as Governor of The State of New York, et al., Appellants, et al., Respondents
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
October 1, 1987
October 1, 1987
Attorney(s) appearing for the Case
Robert Abrams, Attorney-General (Lawrence S. Kahn and Arnold D. Fleishner of counsel), for Mario Cuomo and others, appellants.
Henry J. Logan, County Attorney (Kenneth E. Powell and Frank Marocco of counsel), for Westchester County Board of Elections, appellant.
Giaimo, Vreeburg & Rosen (Joseph O. Giaimo of counsel), for plaintiffs-respondents.
Michael Colodner (John Eiseman and Ann T. Pfau of counsel), for Albert M. Rosenblatt and another, respondents.
BRACKEN, BROWN, LAWRENCE and SPATT, JJ., concur; THOMPSON, J. P., concurs insofar as it is declared that NY Constitution, article VI, § 25 (b) and Judiciary Law § 23 do not violate the plaintiffs' rights under the US Constitution to due process of law and equal protection of the laws, but otherwise dissents and votes to affirm the denial of the cross motion, and to modify the order and judgment appealed from by declaring that the Federal Age Discrimination in Employment Act (29 USC § 621 et seq.), as interpreted by the New York State Administrative Board of the Courts, violates the plaintiffs' rights under the Equal Protection Clause of the Fourteenth Amendment to the US Constitution, and enjoining the State from compelling the plaintiffs' involuntary retirement by reason of age pursuant to the State's mandatory retirement provisions.
Appellate Division of the Supreme Court of the State of New York, Second Department.
Per Curiam.
NY Constitution, article VI, § 25 (b), provides for the mandatory retirement of certain members of the judiciary at the age of 70. This provision has already withstood a constitutional challenge premised upon the argument that such discrimination against Judges over 70, on the basis of their age, lacks a rational basis and thus offends the Equal Protection Clause of the Fourteenth Amendment of the US Constitution...
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