NYS Unified Court System - 24-MAR-2025
SPECIAL ANNOUNCEMENT
Empire Center and Government Justice Center (GJC), headed by Cameron Macdonald, will argue the case today. GJC sued in 2019 to stop illegal raises paid to the Governor and Lieutenant Governor. In the flurry of budget bill voting during the early morning hours of April 1, 2019, the Legislature introduced and passed a compensation resolution increasing the Governor and Lieutenant Governor salaries retroactive to January 1st.
The case is back before the Third Department Appellate Division for oral argument on Monday, March 24, 2025, at 1:00 p.m. The oral argument can be viewed here. (Note that sometimes the webcast starts a few minutes after the appointed time)
GJC argues that the New York State Constitution in plain language prohibits increasing the Governor’s or Lieutenant Governor’s compensation during the terms for which they are elected. It’s consistent with constitutional provisions in place since New Yorkers granted the governor veto power back in 1821.
The Legislature blatantly ignored this prohibition and the Comptroller has been paying the increased salaries since. The resolution raised the Governor’s salary from $179,000 to $200,000 for 2019. That amount increased to $250,000 in 2021 when annual state budgets were passed “timely” in 2019 and 2020. The Lieutenant Governor’s salary was similarly raised from $151,500 to $220,000 by 2021.
State of New York
Supreme Court, Appellate Division
Third Judicial Department
518-471-4777
SESSION CALENDAR FOR MONDAY, MARCH 24, 2025
1:00 P.M. SESSION
GA CL LY F PO
BENCH POSITION: Fisher, J., Clark, J., Garry, P.J., Lynch, J., Powers, J.
Please notify the Clerk's Office at least 24 Hours PRIOR to argument of any
changes to this calendar, including submissions and attorney changes.
When a cause is argued or submitted to the court with four justices present,
it shall, whenever necessary, be deemed submitted also to any other duly qualified
justice of the court, unless objection is noted at the time of argument or submission
(Practice Rules of the Appellate Division, Rule 1250.1 [b]).
Calendar
No.
Case
No. Title Time
Allocated
(1) CV-23-2157 ARRIGO v DINAPOLI
Appellant - Cameron J. MacDonald, Esq.
Government Justice Center, Inc.
(Robert Arrigo)
Respondent - Victor G. Paladino, Esq.
Office of the New York State Attorney General
(Thomas P. DiNapoli, et al.)
Respondent - Rita M. Glavin, Esq.
Glavin PLLC
(Andrew M. Cuomo)
15
10
5
(2) CV-23-2241 MALINSKI v STATE OF NEW YORK
Appellant - Bridget M. Schultz, Esq.
Respondent - Owen Demuth, Esq.
Office of the New York State Attorney General
(State of New York, et al.)
SUB
10
(3) CV-24-0857 MATTER OF WINKLER v NEW YORK STATE EDUCATION DEPT.
OFFICE OF PROFESSIONAL DISCIPLINE
Appellant - Marc. A Romanowski, Esq.
Rupp Baase Pfalzgraf Cunningham LLC
(Maura Winkler, et al.)
Respondent - Kate H. Nepveu, Esq.
Office of the New York State Attorney General
(New York State Education Department Office of Professional Discipline,
et al.)
10
10
State of New York
Supreme Court, Appellate Division
Third Judicial Department
518-471-4777
SESSION CALENDAR FOR MONDAY, MARCH 24, 2025
1:00 P.M. SESSION
GA CL LY F PO
BENCH POSITION: Fisher, J., Clark, J., Garry, P.J., Lynch, J., Powers, J.
Please notify the Clerk's Office at least 24 Hours PRIOR to argument of any
changes to this calendar, including submissions and attorney changes.
When a cause is argued or submitted to the court with four justices present,
it shall, whenever necessary, be deemed submitted also to any other duly qualified
justice of the court, unless objection is noted at the time of argument or submission
(Practice Rules of the Appellate Division, Rule 1250.1 [b]).
Calendar
No.
Case
No. Title Time
Allocated
(4) CV-23-1895 WILLIAMS v STATE OF NEW YORK
Appellant - Daniel Ellis, Esq.
Herman Law
(Alvin Williams)
Respondent - Frank Brady, Esq.
Office of the New York State Attorney General
(State of New York)
10
10
(5) CR-23-0743 PEOPLE v NICHOLAS ROBINSON SUB
(6) 112576 PEOPLE v JOSHUA MARCANTONIO SUB
(7) CV-23-2368 MATTER OF JUDITH S. v THOMAS T. SUB
(8) CV-24-1273 MATTER OF SHEENA PP. v EDWARD QQ. SUB
(9) CR-24-1256 PEOPLE v JOSEPH FRESHWATER JR. SUB
(10) CV-23-1672 MATTER OF VUJEVA v DAIRY CONVEYOR CORP. SUB