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CAREY v. CUOMO

No. 93 Civ. 5698 (VLB).

858 F.Supp. 385 (1994)

John CAREY, as a County Court Judge of the State of New York, Plaintiff, v. Mario M. CUOMO, as Governor of the State of New York; and Judith S. Kaye, Francis T. Murphy, Guy J. Mangano, Leonard A. Weiss and M. Dolores Denman, members of and constituting the Administrative Board of the Courts of the State of New York, Defendants.

United States District Court, S.D. New York.

July 5, 1994.

Attorney(s) appearing for the Case

E.A. Dominianni, Coudert Brothers, New York City, for plaintiff.

John J. Sullivan, Asst. Atty. Gen., New York City, for defendant Cuomo.

Michael Colodner, New York City, for other defendants.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This case presents the question of appropriate federal judicial response to a claim of irrational classification of state judicial officers for purposes of post-retirement service where no legitimate reason for the distinction has to date been provided. The resolution of the question is not simple, because finding a Fourteenth Amendment violation in what may amount to discretionary...

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