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HENRY v. MILONAS

91 N.Y.2d 264 (1998)

692 N.E.2d 554

669 N.Y.S.2d 523

Frederic T. Henry, Jr., et al., Respondents, v. E. Leo Milonas, as Chief Administrator of the Courts of the State of New York, and as the Representative of the Administrative Board of the Judicial Conference of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 24, 1998.

Attorney(s) appearing for the Case

Michael Colodner, New York City, John Eiseman and John J. Sullivan for E. Leo Milonas, appellant.

Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh, Barbara G. Billet and Peter H. Schiff of counsel), for H. Carl McCall and another, appellants.

Michael T. DiPrima, for respondents.

Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in Per Curiam opinion; Chief Judge KAYE and Judge WESLEY taking no part.

Per Curiam.

Plaintiffs, the elected Surrogate and elected County Court Judge of Ontario County, challenge the constitutionality of Judiciary Law §§ 221-d, 221-e, and 221-f on the ground that the statutorily enacted pay disparity between the County, Family and Surrogate's Court Judges of Ontario and Monroe Counties violates equal protection. Because plaintiffs have failed...

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