Henry v. Milonas

—Judgment unanimously reversed on the law with costs, cross motion denied, complaint reinstated, motion granted, judgment granted and matter remitted to Supreme *922Court for further proceedings in accordance with the following Memorandum: Plaintiff Frederic T. Henry, Jr., the elected Ontario County Surrogate, also serves as acting County Court Judge and acting Family Court Judge in Ontario County. Plaintiff James R. Harvey, the elected Ontario County Court Judge, also serves as acting Family Court Judge and acting Surrogate in Ontario County. Plaintiffs seek judgment declaring that the disparity…