You are here: / / JUDGES NOT ENTITLED TO DAMAGES BASED UPON INADEQUATE COMPENSATION.

JUDGES NOT ENTITLED TO DAMAGES BASED UPON INADEQUATE COMPENSATION.

The Court of Appeals determined present and retired judges were not entitled to damages based on inadequate compensation during the years legislation considering judicial compensation was improperly linked to unrelated policy initiatives. Although the Court of Appeals struck down the practice, called linkage, as a violation of the separation of powers, the court did not make the finding that judicial compensation was in fact too low during those years. To do so and award damages would intrude on the legislature's budgetary powers:

…[W]e suggested that money damages would be an inappropriate form of relief from the State's unconstitutional linkage practice because any mandate that the State pay money damages would, as a practical matter, be tantamount to a directive to increase judicial compensation in a manner that would arrogate the legislative branch's budgetary powers to the judiciary. Thus, we observed that, in fashioning a remedy, “deference to the Legislature — which possesses the constitutional authority to budget and appropriate — is necessary” … and that “whether judicial compensation should be adjusted, and by how much, is within the province of the Legislature” … . Larabee v Governor of the State of N.Y., 2016 NY Slip Op 03646, CtApp 5-10-16

JUDGES (JUDGES NOT ENTITLED TO DAMAGES BASED UPON INADEQUATE COMPENSATION)

You might also like
PROOF OF MENTAL ABNORMALITIES SUFFICIENT TO JUSTIFY CIVIL COMMITMENT OF SEX OFFENDERS CLARIFIED.
THE TRAFFIC AND PARKING VIOLATIONS BUREAU (TPVA) IS A CRIMINAL COURT WHICH CANNOT ISSUE A DEFAULT JUDGMENT WHEN A DEFENDANT FAILS TO APPEAR FOR A TRAFFIC-INFRACTION TRIAL; IN CONTRAST, A TRAFFIC VIOLATIONS BUREAU (TVB) IS AN ADMINISTRATIVE AGENCY, NOT A CRIMINAL COURT, AND MAY ISSUE A DEFAULT JUDGMENT (CT APP).
Ambulance Services Provided by Municipality Constitute a Governmental, Not Proprietary, Function
THE DEFENSE HAD SEVERAL OPPORTUNITIES TO DISCOVER THE JUDGE’S SENTENCE-PROMISE MISTAKE, THEREFORE THE PRESERVATION REQUIREMENT APPLIED TO DEFENDANT’S CHALLENGE TO THE VALIDITY OF HIS GUILTY PLEA.
Despite the Absence of a Motion to Dismiss on Forum Non Conveniens Grounds, the Court Properly Dismssed the Action on that Ground (After Briefing by the Parties)/The Fact that the Underlying Transaction Was to Be In American Dollars Was Not Enough to Justify Bringing the Action (Involving Foreign Banks and Parties) in New York State
TRIAL JUDGE PROPERLY RESETTLED THE RECORD OF THE TRIAL BY CORRECTING TYPOGRAPHICAL ERRORS IN THE TRANSCRIPT WITHOUT A HEARING.
THE EVIDENCE OF PHYSICAL INJURY WAS SUFFICIENT TO SUPPORT THE ASSAULT SECOND CONVICTION (CT APP).
DEFENDANT WAS ENTITLED TO DISMISSAL OF THE MURDER INDICTMENT ON CONSTITUTIONAL SPEEDY TRIAL GROUNDS, SIX-YEARS BETWEEN ARREST AND GUILTY PLEA, SPEEDY TRIAL IS NOT A MIXED QUESTION OF LAW AND FACT (CT APP).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

WHETHER ADIRONDACK WATERWAY IS NAVIGABLE IN FACT, AND THEREFORE AVAILABLE FOR... CONSOLIDATED MORTGAGES CONSIDERED FIRST MORTGAGE OF RECORD WITH PRIORITY OVER...