Legal Opinion · Dissent

Cohen v. State of NY

New York Court of Appeals

Decided October 14, 1999Published

1DissentSmith, J.

Because I believe that chapter 635 of the Laws of 1998 violates the State constitutional guarantee that “[e]ach member of the legislature shall receive for his services a like annual salary, to be fixed by law” (NY Const, art III, § 6), I dissent and vote to affirm the order of the Supreme Court (180 Mise 2d 643).

On December 1, 1998, the New York State Assembly passed legislation (Assembly Bill A 11464) to amend Legislative Law *18§ 5 to raise the salaries of the members of the Legislature.1 The bill raised the annual legislative salary by 38% from $57,500 to $79,500. It passed the State Senate…

2Cases cited4 opinions

  1. People v. TremaineNew York Court of Appeals · 1929
  2. New York Public Interest Research Group, Inc. v. SteingutNew York Court of Appeals · 1976
  3. Dunlea v. AndersonNew York Court of Appeals · 1985
  4. Cohen v. StateNew York Supreme Court · 1999

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