Catanise v. Town of Fayette

*211OPINION OF THE COURT

Balio, J.

Petitioner is a Town Justice of the Town of Fayette in Seneca County. He instituted this CPLR article 78 proceeding to challenge the decision of the Town Board to reduce his annual salary from $5,000 to $3,000 prior to commencement of the third year of a four-year term. His claim that a reduction in salary during his term of office amounted to an unconstitutional encroachment upon the independence of the judiciary was rejected by Special Term, and judgment was entered dismissing the petition. We affirm that portion of the judgment dismissing petitioner’s request…