LARABEE v. GOVERNOR OF THE STATE OF NEW YORK


65 A.D.3d 74 (2009)

880 N.Y.S.2d 256

SUSAN LARABEE et al., Respondents-Appellants, v. GOVERNOR OF THE STATE OF NEW YORK, Respondent-Respondent, and NEW YORK STATE SENATE et al., Appellants-Respondents.

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

Decided June 2, 2009.


Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Albany (Julie M. Sheridan of counsel), for New York State Senate and another, appellants-respondents.

Schlam Stone & Dolan, LLP, New York City (Richard H. Dolan, David J. Katz and Erik S. Groothuis of counsel), for State of New York, appellant-respondent, and Governor of the State of New York, respondent-respondent.

Cohen & Gresser, LLP, New York City (Thomas E. Bezanson of counsel), and Chadbourne & Parke, LLP, New York City (George Bundy Smith and J. Carson Pulley of counsel), for respondents-appellants.

Stroock & Stroock & Lavan LLP, New York City (Joseph L. Forstadt, Burton N. Lipshie, Jerry H. Goldfeder and Sandra Rampersaud of counsel), for The Association of Justices of the Supreme Court of the State of New York and others, amici curiae.

Suhana S. Han, New York City (Adam R. Brebner and Charles R. Korsmo of counsel), for The New York County Lawyers' Association, amicus curiae.

Wachtell, Lipton, Rosen & Katz, New York City (Bernard W. Nussbuam, George T. Conway III and Graham W. Meli of counsel), and Michael Colodner, New York City, for Chief Judge Judith S. Kaye and another, amici curiae.

GONZALEZ, P.J., NARDELLI, MOSKOWITZ and RENWICK, JJ., concur.


OPINION OF THE COURT

Tom, J.

This is a lawsuit by members of the New York State Judiciary against various officials of the State of New York in which plaintiffs challenge the failure of the government of the State of New York to enact any enhancement in compensation for members of the State Judiciary.1 Although the lawsuit asserts the rights of plaintiffs, it actually constitutes...

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