Summary
In Kendall v Evans (72 N.Y.2d 963) the Court of Appeals affirmed for the reasons stated in the Appellate Division's memorandum (126 A.D.2d 703), a decision declaring unconstitutional salary differentials between a Judge of the City Court of Mount Vernon and Judges of the City Courts of White Plains and Yonkers. The Appellate Division decision noted the similarities in functions, duties, responsibilities and caseloads of the Judges as well as their geographical proximity and determined that the standard of true unity of judicial interest indistinguishable by separate geographic considerations had been met. (126 A.D.2d, at 705.)
Summary of this case from Burke v. CrossonOpinion
Argued September 7, 1988
Decided October 13, 1988
Appeal from the Supreme Court, Alvin R. Ruskin, J.
Michael Colodner, John Eiseman and Barbara Zahler-Gringer for Herbert Evans, as Chief Administrative Judge of the State of New York, appellant.
Robert Abrams, Attorney-General (Lawrence S. Kahn and Abigail I. Petersen of counsel), for Edward V. Regan, as Comptroller of the State of New York, and another, appellants.
David C. Gilberg for respondent.
Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 126 A.D.2d 703).
Concur: Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR. Taking no part: Chief Judge WACHTLER and Judge BELLACOSA.