The New York Court of Appeals

Plaintiffs are three retired Supreme Court Justices certified for further service on that bench.1 Prior to their certification, the Chief Administrative Judge signed an administrative notice declaring that the policy of the Administrative Board of the Courts of the State of New York henceforth would be that “no judge . . . certificated for service as a Justice of the Supreme Court pursuant to Judiciary Law § 115 may receive, concurrent with receipt of a salary for such service, a retirement allowance for prior judicial service within the Unified Court System.” Plaintiffs seek a declaration that the policy is illegal and unconstitutional. Because the Board enjoys nearly unfettered discretion in determining whether to,certify a retired Justice, and because its decision here was not contrary to any law or constitutional mandate raised by plaintiffs, we now reverse the Appellate Division and reinstate the judgment