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LARABEE v. GOVERNOR

No. 52, No. 53

27 N.Y.3d 469 (2016)

54 N.E.3d 61

34 N.Y.S.3d 389

2016 NY Slip Op 03646

SUSAN LARABEE et al., Appellants, v. GOVERNOR OF THE STATE OF NEW YORK et al., Respondents. ARLENE R. SILVERMAN, Acting Justice, New York State Supreme Court, Appellant, v. SHELDON SILVER, as Speaker of the New York State Assembly, et al., Respondents.

Court of Appeals of New York.

Decided May 10, 2016.

Attorney(s) appearing for the Case

Cohen & Gresser LLP, New York City ( Thomas E. Bezanson , Alexandra Wald and Matthew V. Povolny of counsel), and George Bundy Smith , Senior & Associates, P.C., New York City ( George Bundy Smith, Sr. , of counsel), for appellants in the first above-entitled action.

Arlene R. Silverman, New York City, appellant pro se in the second above-entitled action.

Eric T. Schneiderman , Attorney General, New York City ( Anisha S. Dasgupta , Mark H. Shawhan and Barbara D. Underwood of counsel), for respondents in the first and second above-entitled actions.

Stroock & Stroock & Lavan LLP, New York City ( Joseph L. Forstadt , Alan M. Klinger , Ernst H. Rosenberger , Burton N. Lipshie , Dina Kolker and Lee M. Leviter of counsel), for Association of Justices of the Supreme Court of the State of New York and others, amici curiae.

Judges PIGOTT, RIVERA, ABDUS-SALAAM, FAHEY and GARCIA concur; Chief Judge DiFIORE and Judge STEIN taking no part.

OPINION OF THE COURT

In three consolidated appeals in Matter of Maron v Silver (14 N.Y.3d 230 [2010]), we addressed the legislature's and the Governor's practice of directly and explicitly tying consideration of judicial compensation to unrelated...

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