The six associate judges of the state’s highest court, who normally are expected to recuse themselves in cases where the outcome would affect them personally, now face the prospect of invoking a “rule of necessity” to consider whether they and the state’s other judges must be given a raise.
The Court of Appeals has determined that there is an appeal as of right in two judicial pay cases, Maron v. Silver, 58 AD 3d 102, and Larabee v. Governor, 880 N.Y.S. 256. But if the court is disqualified from hearing the issues involved, there apparently would be no other forum for their resolution, and the litigants would be left in limbo.
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