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D'AMICO v. CROSSON

93 N.Y.2d 29 (1999)

709 N.E.2d 465

686 N.Y.S.2d 756

MICHAEL L. D'AMICO et al., Individually and on Behalf of All Present and Future Judges of Erie County Court, Respondents, v. MATTHEW T. CROSSON, as Chief Administrator of the Courts of the State of New York and as 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 March 25, 1999.

Attorney(s) appearing for the Case

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

John J. Sullivan, New York City, Michael Colodner and John Eiseman for Matthew T. Crosson, appellant.

Connors & Vilardo, L. L. P., Buffalo (Terrence M. Connors of counsel), for respondents.

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

OPINION OF THE COURT

Per Curiam.

Plaintiffs, Judges of the Erie County Court, claim that defendants violated their equal protection rights by causing them to be paid less than their counterpart Judges in the County Courts of Albany, Onondaga, and Sullivan Counties. In October 1993, when plaintiffs filed the instant complaint, Judges of the Albany County Court were payed approximately 4.6% more than their Erie County judicial counterparts— $99,300...

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