Drew v. Schenectady County

Peters, J. (dissenting).

We respectfully dissent.

The majority bases its determination primarily upon the concept of deference to the interpretation of Judiciary Law § 39 (3) (a) and the regulations promulgated in response thereto (see, 22 NYCRR 34.0 [V.8]; 34.1) propounded by respondents Unified Court System, its Chief Administrative Judge and the Director of Employee Relations of the Office of Court Administration (hereinafter collectively referred to as the court respondents) as the "agency charged with its enforcement”. Mindful of the fact that the court respondents did not render a…