Birkeland v. State

New York Court of Appeals
Birkeland v. State, 64 N.Y.2d 663 (N.Y. 1984)
474 N.E.2d 608; 485 N.Y.S.2d 248; 1984 N.Y. LEXIS 4924

Birkeland v. State

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinions of Justice Sol R. Dunkin, Supreme Court, Queens County, and Justice William C. Thompson at the Appellate Division.

We would emphasize that the Legislature’s enactment of chapter 846 occurred in the aftermath of the reorganization of the New York State court system and was parallel with similar legislation applicable, State-wide, to the other State judicial districts. In view of this particular situation and the express finding by the Legislature that the normal competitive procedures would greatly disrupt the functioning of the State court system, the statute cannot be said to offend the constitutional mandate (NY Const, art V, § 6).

Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur; Chief Judge Cooke taking no part.

Order affirmed, with costs, in a memorandum.

Reference

Full Case Name
Leif Birkeland, as President of the Court Officers Benevolent Association of Nassau County v. State of New York, and Vincent P. Mallamo, Intervenors-Respondents
Cited By
7 cases
Status
Published