Opinion
Argued November 14, 1984
Decided December 11, 1984
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Sol R. Dunkin, J.
Beth J. Goldmacher and Joseph A. Faraldo for appellants.
Robert Abrams, Attorney-General ( Arnold D. Fleischer, Peter H. Schiff and Howard L. Zwickel of counsel), for State of New York, respondent.
Paula E. Kennedy and Michael Colodner for Herbert B. Evans, as Chief Administrative Judge of the State of New York, respondent.
Richard M. Gaba for Vincent P. Mallamo and others, intervenors-respondents.
Stephen J. Wiley for Civil Service Employees Association, Inc., Local 1000, AFSCME, and others, intervenors-respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinions of Justice Sol R. Dunkin, Supreme Court, Queens County, and Justice William C. Thompson at the Appellate Division.
We would emphasize that the Legislature's enactment of chapter 846 occurred in the aftermath of the reorganization of the New York State court system and was parallel with similar legislation applicable, State-wide, to the other State judicial districts. In view of this particular situation and the express finding by the Legislature that the normal competitive procedures would greatly disrupt the functioning of the State court system, the statute cannot be said to offend the constitutional mandate (NY Const, art V, § 6).
Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur; Chief Judge COOKE taking no part.
Order affirmed, with costs, in a memorandum.