Legal Opinion

Larabee v. Spitzer

New York Supreme Court

Decided February 5, 2008PublishedCited by 7 opinions

1Opinion of the Court

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

The plaintiffs herein are two judges of the Family Court, a judge of the Civil Court of the City of New York and a judge of the Criminal Court of the City of…

2Cases cited20 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Supreme Court of Virginia v. Consumers Union of the United States, Inc.Supreme Court of the United States · 1980
  3. Bogan v. Scott-HarrisSupreme Court of the United States · 1998
  4. United States v. WillSupreme Court of the United States · 1980
  5. Klostermann v. CuomoNew York Court of Appeals · 1984

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3Cited by7 opinions

  1. MATTER OF MARON v. SilverNew York Court of Appeals · 2010
  2. Larabee v. Governor of the StateAppellate Division of the Supreme Court of the State of New York · 2009
  3. Maron v. SilverAppellate Division of the Supreme Court of the State of New York · 2008
  4. Larabee v. Governor of New YorkNew York Supreme Court · 2008
  5. Chief Judge of New York v. Governor of New YorkNew York Supreme Court · 2009

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