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LARABEE v. SPITZER

19 Misc.3d 226 (2008)

850 N.Y.S.2d 885

SUSAN LARABEE et al., Plaintiffs, v. ELIOT SPITZER, as Governor of the State of New York, et al., Defendants.

Supreme Court, New York County.

February 5, 2008.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City (Joel Graber of counsel), for defendants.

Chadbourne & Parke, New York City (Thomas E. Bezanson, George Bundy Smith and J. Carson Pulley of counsel), for plaintiffs.

OPINION OF THE COURT

EDWARD H. LEHNER, J.

On the motion before me by defendants to dismiss the complaint pursuant to CPLR 3211 (a) (7), the two key issues presented are whether the failure of the legislature to provide for a pay adjustment to state-paid judges for a nine-year period violates (i) the provision of the State Constitution prohibiting diminishment of judicial compensation, and (ii) the separation of powers doctrine.

The Complaint

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