New York’s highest court is being forced to reconcile the state’s constitutional requirement that judges stop serving by age 76 with a more recent anti-discrimination amendment.
Three judges—one appellate and two from the trial level—will press the Court of Appeals on Wednesday to declare the mandatory retirement age was superseded by the state’s landmark 2024 Equal Rights Amendment banning age discrimination. John M. Leventhal of Aidala Bertuna & Kamins PC, a retired jurist who served on the appellate bench with one of the plaintiffs, will argue on their behalf.
It’s the first time the top court will consider a case ...