Opinion
May 22, 1995
Appeal from the Supreme Court, Westchester County (Peter C. Patsalos, J.).
Ordered that the appeal of the defendant Matthew Crosson is dismissed, without costs or disbursements, for failure to perfect the same in accordance with this Court's rules (see, 22 NYCRR 670.8 [c], [e]); and it is further,
Ordered that the judgment is reversed, on the law, without costs or disbursements; and it is further,
Ordered, that the plaintiffs' motion for summary judgment is denied and the cross motion of the defendants Edward Regan and the State of New York for summary judgment is granted, without costs or disbursements, and it is declared that Judiciary Law §§ 221-h and 221-i are constitutional insofar as they establish and perpetuate different salaries for the Judges of the Yonkers City Court and the Judges of the District Courts in Nassau and Suffolk Counties and for the Chief Judge of the Yonkers City Court and the President of the Board of Judges of the District Courts in Nassau and Suffolk Counties.
While the Yonkers City Court and the District Courts in Nassau and Suffolk Counties have similar subject matter jurisdiction, they are not courts of coordinate jurisdiction for purposes of judicial pay parity (see, N Y Const, art VI, §§ 16, 17; UDCA 2401 et seq.; UCCA 102; see also, Siegel, N Y Prac § 9, at 11 [2d ed]; compare, Cass v State of New York, 58 N.Y.2d 460; Weissman v Evans, 56 N.Y.2d 458; Nicolai v Crosson, 214 A.D.2d 714; Buckley v Crosson, 202 A.D.2d 972; Mackston v State of New York, 200 A.D.2d 717; Barth v Crosson, 199 A.D.2d 1050; Vogt v Crosson, 199 A.D.2d 722; Davis v Rosenblatt, 159 A.D.2d 163, 166-167; Weissman v Bellacosa, 129 A.D.2d 189, 192-193; Deutsch v Crosson, 171 A.D.2d 837; Kendall v Evans, 126 A.D.2d 703, 704, affd 72 N.Y.2d 963).
In light of our determination, we need not address the parties' remaining contentions. Mangano, P.J., Sullivan, Thompson and Hart, JJ., concur.