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 NYS JUDICIAL COMPENSATION

 

OCA's February 23, 2010 press release

Securing the record of the judicial compensation lawsuits: 

I
from the Office of Court Administration & Court of Appeals

CJA's July 15, 2011 letter to the Office of Court Administration -- "RE: Request for Judicial Compensation Lawsuit Records Pursuant to 124 of the Rules of the Chief Administrator & FOIL"

OCA's July 22, 2011 responding letter

August 16, 2011 letter from James A. Costello, Assistant Deputy Clerk/Court of Appeals

II
from the Attorney General's Office

FOIL REQUEST 110450 -- Maron v. Silver, Larabee v. Governor, Kaye v.  Silver

CJA's July 19, 2011 letter to Assistant Attorney General Joshua Pepper -- "RE: ...  (2) FOIL & Project Sunlight Requests: Posting of the Record of the Judicial Compensation Lawsuits on the Attorney General's Website -- &/or Providing the Record to the Center for Judicial Accountability for Posting on its Website"

July 26, 2011 letter from AAG Pepper 

August 24, 2011 letter from AAG Pepper

September 26, 2011 letter from AAG Pepper    CD from AG

CJA's December 1, 2011 letter to AAG Pepper -- (1) DEFICIENCIES IN YOUR RESPONSE TO FOIL REQUEST #110450: CJA’s July 19, 2011 letter: “ RE: … FOIL & Project Sunlight Requests for Posting of the Record of the Judicial Compensation Lawsuits on the Attorney General’s Website – &/or Providing the Record to the Center for Judicial Accountability for Posting on its Website”; (2)    NEW FOIL/PROJECT SUNLIGHT REQUEST: All publicly-available documents bearing upon: “the inexplicable failure of the Attorney General’s Office and the Dolan firm to have moved to reargue the palpably deficient February 23, 2010 decision before the Court of Appeals or to have filed a petition for a writ of certiorari with the U.S. Supreme Court, where the consequences were so violative of the New York Constitution and so potentially catastrophic to New York taxpayers – and where the dissent of Judge Smith would have dismissed all claims”  (CJA’s July 19, 2011 letter, at p. 8, underlining in the original)

December 8, 2011 letter to AAG Pepper

January 9, 2011 letter from AAG Pepper              CD from AG

FOIL REQUEST  120532  - PINES v. NEW YORK STATE

CJA's August 23, 2012 letter to Assistant Attorney General Joshua Pepper -- Request for Records -- Emily Pines, et al. v. State of New York, Pursuant to FOIL & Attorney General's Project Sunlight Initiative

August 30, 2012 letter from AAG Pepper

CJA's October 18, 2012 letter to AAG Pepper

AAG Pepper's October 29, 2012 letter    CD with Record on Appeal & briefs

CJA's March 5, 2013 letter

AAG Pepper's March 12, 2013 letter  
CD with memos of law

III
from the Mayor's Committee on the Judiciary


CJA's July 15, 2011 letter to the Mayor's Advisory Committee on the Judiciary -- "RE: Request for Copy of Amicus Brief"

Advisory Committee's responding e-mail


*   *   *

THE RECORD WE HAVE RECOVERED:

(1) Maron v. Silver -- EDWARD A. MARON, ARTHUR SCHACK, and JOSEPH A. DeMARO v. SHELDON SILVER, as Speaker of the NYS Assembly, NEW YORK STATE ASSEMBLY, JOSEPH BRUNO, as the Temporary President of the New York State Senate, NEW YORK STATE SENATE, ELIOT SPITZER, as Governor of the State of New York, THOMAS DiNAPOLI, as the Comptroller of the State of New York, and The OFFICE OF COURT ADMINISTRATION  (filed in Supreme Court, Nassau Co: #06-021984; transferred by stipulation of parties to Albany)
            Appellate Division, Third Department's November 11, 2008 decision
            August 25, 2009 brief in Court of Appeals
            Justice McNamara's November 29, 2010 decision


                                CD from AG
                                CD from AG

    
(2)  Larabee v. Governor -- HON. SUSAN LARABEE, HON. MICHAEL NENNO, HON. PATRICIA NUNEZ, and HON. GEOFFREY WRIGHT v. ELIOT SPITZER, as Governor of the State of New York, NEW YORK STATE SENATE, NEW YORK STATE ASSEMBLY, and STATE OF NEW YORK    (filed in Supreme Court, NY Co: #07-112301)
         Justice Lehner's February 5, 2008 decision
         Justice Lehner's June 11, 2008 decision
         October 23, 2008 amicus brief in Appellate Division, First Dept. of Chief Judge Plaintiffs
         Appellate Division, First Department's June 2, 2009 decision
                       (Justices Gonzales, Tom, Nardelli, Moskowitz, Renwick)
         November 20, 2009 brief in Court of Appeals


                                CD from AG
                                CD from AG

               May 24, 2011 state opposition brief -- Supreme Court/NY Co.

               Justice Richard Braun's September 13, 2012 decision

Appellate Division, First Dept July 10, 2014 decision

                             May 10, 2016 "NY High Court Rejects Judges' Latest Bid for Back Pay",  Law 360 (Kurt Orzeck)
      

(3) Kaye v. Silver -- JUDITH S. KAYE, in her official capacity as Chief Judge of the State of New York, Chief Judge and THE NEW YORK STATE UNIFIED COURT SYSTEM v. SHELDON SILVER, in his official capacity as Speaker of the New York State Assembly, THE NEW YORK STATE ASSEMBLY, JOSEPH BRUNO, in his official capacity as Temporary President of the New York State Senate, THE NEW YORK STATE SENATE, DAVID A. PATERSON, in his official capacity as Governor of the State of New York, and THE STATE OF NEW YORK -- (filed in Supreme Court, NY Co: #08-400763)
         April 10, 2008 Summons & Complaint

         May 2008 correspondence
         July 8, 2008 affirmation of Chief Judge Kaye, with additional affirmation & July 9, 2008 memo of law
         July 9, 2008 Amicus Brief of Fund for Modern Courts (by Caitlin Halligan)
         Justice Lehner's June 15, 2009 decision
         Appellate Division, First Department's September 15, 2009 decision
         October 29, 2009 brief in Court of Appeals

     
   November 23, 2009 state brief in Court of Appeals  (1 of 4 briefs) -- highlights the unprecedented, inconsistent & invidious nature of the 1st Department's decisions  
      
   December 22, 2009 state reply brief in Court of Appeals -- sums up the situation!

                                CD from AG
                                CD from AG


(4)  Silverman v. Silver -- ARLENE R. SILVERMAN, Acting Justice, New York State Supreme Court v. SHELDON SILVER, in his official capacity as Speaker of the New York State Assembly, THE NEW YORK STATE ASSEMBLY, DEAN G. SKELOS, in his official capacity as Temporary President of the New York State Senate, THE NEW YORK STATE SENATE,  DAVID A. PATERSON, in his official capacity as Governor of the State of New York, THOMAS P. DiNAPOLI, in his official capacity as Comptroller of the State of New York, and THE STATE OF NEW YORK (filed in Supreme Court, NY Co: #08-117058)
               November 14, 2011 decision

Appellate Division, First Department's July 10, 2014 decision


(5) Pines v. NYS -- EMILY PINES, DAVID DEMAREST, JEFFREY D. LEBOWITZ, STEPHEN FERRADINO, RALPH A. BONIELLO, III  v. STATE OF NEW YORK,-- (filed in Supreme Court, Nassau Co: #10-13518)
          July 13, 2010 Complaint
          Justice Murphy's January 14, 2011 decision
          Justice Murphy's February 9, 2011 decision
-- granting summary judgment to the plaintiff judges & declaring that NYS legislature enacted a pay increase for judges in 2009 and is obligated to increase judicial pay retroactive to 2009

                           CD from AG with Record on Appeal & appellate briefs

CD from AG with memos of law

            Appellate Division, 2nd Dept's June 5, 2013 decision

           Appellate Division, 2nd Dept.'s January 22, 2014 decision -- reversal

(6)  Maron v. NYS -- In the Matter of EDWARD A. MARON, ARTHUR SCHACK, and JOSEPH A. DEMARO, Individually and on behalf of all Judges and Justices of the Unified Court Syste who served or are serving during the period of the statute of limitations period v. State of New York--  (filed in NY Court of Claims)
           January 3, 2011 Claim -- seeking $780 million in back pay, plus interest, plus $130 million, with interest until judgment!
                      -- claiming that Court of Appeals settled issue of liability by finding a constitutional violation & that they are now entitled to the damages

(7) Bransten v. State of New York (S.Ct/NY Co. #159160-2012)   record

             Supreme Court decision   

          "N.Y. judges' lawsuit over health benefit cuts can move forward: judge", May 22, 2013, Thomson Reuters, Joseph Ax

"Judges Denied Back Pay after winning suit for higher wages", New York Post (Julia Marsh), July 10, 2014

                       
  Court of Appeals Docket

    Attorney General's Brief -- November 23, 2015      Record-Volume 1     Record-Volume 2

      March 29, 2016 Respondents' Brief

    April 27, 2016 Attorney General's Reply Brief

 *       *      *

 

Commentary by Stephen Kruger, Esq. on the Judiciary's "money-grubbing, asinine lawsuits" for increased pay

 *       *      *

Additional & related FOIL requests:

FOIL REQUEST TO ATTORNEY GENERAL:  #110599

CJA's September 19, 2011 letter to Assistant Attorney General Joshua Pepper --"RE: Request for Records Pertaining to Retention of Outside Counsel to Represent Defendants in the Judicial Compensation Lawsuits, Pursuant to FOIL & the Attorney General's Project Sunlight Initiative"

September 26, 2011 letter from AAG Pepper

October 26, 2011 letter from AAG Pepper

December 7, 2011 letter from AAG Pepper    CD with responsive documents 1-126

****

CJA's September 6, 2011 letter to Governor Andrew Cuomo's Records Access Officer -- "RE: FOIL Request:  Records Pertaining to Governor David Paterson's Program Bill No. 333 to Establish a Special Commission on Judicial Compensation"
                       September 13, 2011 acknowledgment from Governor Cuomo's Records Access Officer
                       September 15, 2011 response from Governor Cuomo's Records Access Officer

****


CJA's September 7, 2011 letter to the Office of Court Administration's Records Access Officer --"RE:  Request for Chief Judge Kaye's "2005 Judicial Salaries Report" Pursuant to 124 of the Rules of the Chief Administrator & FOIL"
                       September 22, 2011 response from OCA Records Access Officer

 

predecessor bill:  S-6009-2009:  introduced by Senator Sampson "at the request of the Governor", June 19, 2009

 *       *      *

click here for: MENU OF CJA's JUDICIAL COMPENSATION WEBPAGES

 

 

 

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