LEONARD J. LEVENSON et al., Respondents,
v.
JONATHAN LIPPMAN, as Chief Administrative Judge of the Courts, et al., Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 4, 2005.
Decided February 15, 2005.
Attorney(s) appearing for the Case
Michael Colodner, New York City, John J. Sullivan and David E. Markus for appellants.
Wilmer Cutler Pickering Hale and Dorr LLP, New York City (Peter J. Macdonald, Dyan Finguerra-DuCharme and Kerry A. Malloy of counsel), for respondents.
Michael A. Cardozo, Corporation Counsel, New York City (Leonard Koerner, Larry A. Sonnenshein and Julian L. Kalkstein of counsel), for City of New York, amicus curiae.
Edwin David Robertson, New York City, and Malvina Nathanson for New York County Lawyers' Association, amicus curiae.
Hinman Straub P.C., Albany (Bartley J. Costello, III, David W. Novak and Patrick J. O'Keeffe of counsel), for Association of Justices of the Supreme Court of the State of New York and another, amici curiae.
Jonathan E. Gradess, Albany, Richard D. Willstatter, Joshua L. Dratel and Stephanie J. Batcheller for New York State Defenders Association and others, amici curiae.
Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in per curiam opinion; Judge ROSENBLATT concurs in a separate concurring opinion; Chief Judge KAYE taking no part.
Court of Appeals of the State of New York.
OPINION OF THE COURT
Per Curiam.
The issue presented in this appeal is whether the Chief Administrative Judge acted within the authority granted him by the New York State Constitution when he amended section 127.2 (b) of the Rules of the Chief Administrator of the Courts (22 NYCRR 127.2 [b]). As amended, the rule permits an administrative judge to review an order of a trial judge setting an award of compensation...
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