Opinion
2014-07-10
Arlene R. SILVERMAN, etc., Plaintiff–Appellant, v. Sheldon SILVER, etc., et al., Defendants–Respondents.
Arlene R. Silverman, New York, appellant pro se. Eric T. Schneiderman, Attorney General, New York (Mark H. Shawhan of counsel), for respondents.
Arlene R. Silverman, New York, appellant pro se. Eric T. Schneiderman, Attorney General, New York (Mark H. Shawhan of counsel), for respondents.
Judgment, Supreme Court, New York County (Richard F. Braun, J.), entered September 26, 2012, dismissing the supplemental complaint following the grant of defendants' motion to dismiss, affirmed, without costs. TOM, J.P., SWEENY, RENWICK, JJ., concur.
TOM, J.P. concurs in a separate memorandum, SWEENY and RENWICK, JJ. concur in a separate memorandum by SWEENY, J., and ANDRIAS and FREEDMAN, JJ. dissent in a memorandum by FREEDMAN, J. as follows:
TOM, J.P. (concurring).
I respectfully concur for reasons stated in my concurrence in Larabee v. Governor of the State of N.Y. (––– A.D.3d ––––, 989 N.Y.S.2d 840, 2014 WL 3360307 [Appeal No. 11473, decided herewith] ).
SWEENY, J. (concurring).
I respectfully concur for the reasons stated in my concurrence in Larabee v. Governor of the State of N.Y. (––– A.D.3d ––––, 989 N.Y.S.2d 840, 2014 WL 3360307 [Appeal No. 11473, decided herewith] ).
FREEDMAN, J. (dissenting).
I respectfully dissent and would reverse for the reasons I stated in Larabee v. Governor of the State of N.Y., (––– A.D.3d ––––, 989 N.Y.S.2d 840, 2014 WL 3360307 [Appeal No. 11473, decided herewith] ).
Plaintiff, a retired Justice of the Supreme Court, New York County, alleges that defendants violated the Separation of Powers Doctrine by failing to consider her claim for past judicial compensation on the merits, without regard to unrelated policy considerations, in violation of the Court of Appeals' determination in Matter of Maron v. Silver, 14 N.Y.3d 230, 899 N.Y.S.2d 97, 925 N.E.2d 899 (2010). In dismissing the action, the motion court found that the legislature had considered the matter of judicial compensation. As in Larabee, I believe that the enactment of legislation empowering a judicial compensation commission to consider only prospective increaseswas inadequate to meet the State defendants' constitutional obligations.