New York Court of Appeals

In the Matter of Edward A. Maron, Appellants v. Sheldon Silver, as Speaker of the State Assembly…

February 23, 201014 N.Y.3d 230

Summary

The New York Court of Appeals held that the Legislature's failure to consider judicial compensation on its merits violates the Separation of Powers Doctrine, reinstating the separation‑of‑powers claim and modifying the lower courts' orders; it also affirmed that mandamus is unavailable and that the Compensation Clause does not require inflation‑adjusted salaries. Justice Smith dissented, arguing that the majority’s separation‑of‑powers holding is unsupported by the Constitution.