The two other branches have asked the court for 15 minutes of argument time. Bernard Nussbaum of Wachtell, Lipton, Rosen & Katz, who is representing the court system in Chief Judge v. Governor, 400763/08, said the court system will also ask for 15 minutes. Separately, Mr. Nussbaum said, the judiciary is seeking to appeal directly to the Court of Appeals the two theories rejected by Justice Lehner. A motion is pending before the Court. Meanwhile, the Court has agreed to hear two other pay-related suits, Larabee v. Governor, 2009 WL 1652845, and Maron v. Silver, 58 AD3d 102, and arguments are expected in November. In Larabee, a suit brought by four individual judges, the First Department affirmed a ruling by Justice Lehner that also ordered a pay raise, finding a separation-of-powers violation (NYLJ, June 3). In Maron, the Third Department rejected claims brought by three other judges (NYLJ, Nov. 14, 2008).
Free: First Department Set to Hear Appeal in Judges' Pay Case
September 02, 2009
The Appellate Division, First Department, yesterday set Sept. 10 at noon for oral argument on an appeal by the governor and the Legislature focusing on the portion of Supreme Court Justice Edward H. Lehner's ruling that the failure to give the state's 1,300 judges a pay raise in 10 years violates the separation of powers doctrine (NYLJ, June 16).
