Legal Opinion · Dissent
Larabee v. Governor of the State of N.Y.
Appellate Division of the Supreme Court of the State of New York
Decided July 10, 2014No. 112301/07 11473Published
1DissentFreedman, J.
I respectfully dissent because I believe that the past constitutional violations identified by the Court of Appeals in Matter of Maron v Silver (14 NY3d 230 [2010]) warrant retroactive monetary damages. Accordingly, I would reverse the order of Supreme Court and remand this action for a determination of appropriate compensation.
In Maron, the Court of Appeals held that the legislature’s failure to increase the compensation for judges and justices of the Unified Court System for more than 10 years jeopardized the judiciary’s independence and thereby violated the Separation of Powers Doctrine…
2Cases cited11 opinions
- Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
- Weissman v. EvansNew York Court of Appeals · 1982
- MATTER OF MARON v. SilverNew York Court of Appeals · 2010
- Beer v. United StatesCourt of Appeals for the Federal Circuit · 2012
- Larabee v. Governor of the StateAppellate Division of the Supreme Court of the State of New York · 2009
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