Opn. No.

Hon. Stephen J. Wing County Attorney, Dutchess County

We acknowledge receipt of your letter inquiring whether Chapter 55 of the Laws of 1979 may be constitutionally applied through the operation of section 183-a of the Judiciary Law to provide a retroactive salary increase for your district attorney effective on January 1, 1979, the date of commencement of his term.

Judiciary Law, § 183-a reads as follows:

"§ 183-a. Compensation of certain district attorneys.

"Notwithstanding any other provision of law, the district attorney of each county having a population of more than five hundred thousand…