The New York Law Journal by Daniel Wise - July 7, 2009
All three remaining defendants in a lawsuit ordering that the state's 1,300 judges receive a cost-of-living raise have filed notices of appeal as of yesterday. The state Assembly and Senate filed appeals yesterday from the Appellate Division, First Department, affirmance in Larabee v. Governor, 4761, of an order requiring the government's other two branches to set judicial salaries at a level reflecting the rise in the cost of living since judges' pay was last increased in 1999. The state filed a notice of appeal last Thursday. The three notices stay the order of Manhattan Justice Edward H. Lehner, who had directed the other two branches to remedy the salary deficit within 90 days. Last Tuesday, the Court of Appeals issued an order that it would hear as a matter of right the appeal of three Brooklyn and Long Island judges whose pay raise suit, Maron v. Silver, 58 AD 3d 102, was dismissed by the Third Department in November. Bernard Nussbaum, a partner at Wachtell, Lipton, Rosen & Katz and the lead lawyer for a suit brought by the court system,Chief Judge v. Governor, 400763/08, said the court system will shortly file a notice to take an appeal directly to the Court of Appeals, and ask that all three appeals be consolidated. In the court system's lawsuit, Justice Lehner issued a ruling mirroring his ruling in Larabee, a case brought by four judges with the support of their judicial associations.