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LAWYERS' ASSN. v. STATE OF NY

294 A.D.2d 69 (2002)

742 N.Y.S.2d 16

NEW YORK COUNTY LAWYERS' ASSOCIATION, Respondent, v. STATE OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 9, 2002.

Attorney(s) appearing for the Case

Zachary S. McGee of counsel (Frank S. Moseley on the brief; Davis Polk & Wardwell and New York County Lawyers' Association, attorneys), for respondent.

Victor Paladino of counsel (Daniel Smirlock and Nancy A. Spiegel on the brief; Eliot Spitzer, Attorney General, attorney), for appellant.

ROSENBERGER, WALLACH, MARLOW and GONZALEZ, JJ., concur.

OPINION OF THE COURT

SAXE, J.P.

This action was commenced in response to the widely recognized crisis in New York's assigned counsel system, by which, as a report issued by the Chief Administrative Judge of the New York State Courts has recognized, "woefully inadequate" rates of compensation for assigned counsel have resulted in a drastic drop in the number of attorneys willing to serve in that capacity (see, Hon. Jonathan Lippman and Hon. Juanita...

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