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LARABEE v. GOVERNOR OF N.Y.

112301/07.

37 Misc.3d 748 (2012)

950 N.Y.S.2d 892

2012 NY Slip Op 22258

SUSAN LARABEE et al., Plaintiffs, v. GOVERNOR OF THE STATE OF NEWYORK et al., Defendants.

Supreme Court, New York County.

September 13, 2012.

Attorney(s) appearing for the Case

Cohen & Gresser LLP, New York City ( Thomas E. Bezanson , Alexandra Wald and Matthew V. Povolny of counsel), and Chadbourne & Parke LLP, New York City ( George Bundy Smith of counsel), for plaintiffs. Eric T. Schneiderman , Attorney General, New York City ( Joel Graber of counsel), for defendants. Stroock & Stroock & Lavan LLP, New York City ( Joseph L. Forstadt , Ernst H. Rosenberger , Burton N. Lipshie , Jerry H. Goldfeder , Sandra J. Rampersaud , Linda M. Melendres and A. Sonu Ray of counsel), for Association of Justices of the Supreme Court of the State of New York and others, amici curiae.

OPINION OF THE COURT

RICHARD F. BRAUN, J.

This is an action for declaratory and injunctive relief with respect to the New York State Legislature's failure to provide New York State judges with any salary increase or even a cost of living adjustment since the last increase enacted in 1998, effective on January 1, 1999, because the legislature improperly linked judicial compensation with legislative compensation...

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