NY Judges Say Mandatory Retirement Age Is Unconstitutional

Three New York City judges say the state’s requirement that they retire at the age of 70 violates the state constitution and anti-discrimination law, and they want it declared illegal.

Two Brooklyn judges and one from Staten Island said the state and Office of Court Administration’s requirements are a form of age discrimination that’s prohibited under the state’s Equal Rights Amendment that was enacted in November 2024.

“A mandatory retirement age is irrational and discriminatory. In light of the NY ERA, the longstanding discrimination against older justices of the Supreme Court is now prohibited,” says the complaint filed Friday in Manhattan state court. The plaintiffs—New York Supreme Court Second Appellate Department Associate Justice Robert J. Miller, Brooklyn Supreme Court Justice Richard J. Montelione, and Staten Island Supreme Court Justice Orlando Marrazzo Jr.—are all between the ages of 70 and 76.

A pair of 70-year-old judges in the upstate towns of Oneida and Tonawanda made similar claims in their lawsuit against the state, the court system, Chief Judge Rowan Wilson, and other court officials. That suit was filed Thursday in Madison County, east of Syracuse.

‘Times Have Changed’

New York judiciary law prohibits anyone from serving as a judge, justice, or court surrogate after the age of 70. Some retired justices can be certified by an administrative board to continue serving for two-year terms—if more judges are needed to expedite court work—up to the age of 76.

The New York City judges want the court to prohibit the state from requiring them to retire or be denied certification for extended service. The upstate New York judges want reimbursement for lost wages, lost pension rights, and “pain and suffering associated with the loss of employment.”

“Times have changed since both mandatory judicial retirement ages were adopted. Americans are living longer and working longer, and lawyers are no exception,” the judges said, noting that federal judges frequently serve into their 70s and 80s.

Both lawsuits echo claims made by a pair of near-retirement-age Wayne County judges who sued the state and court system in March. The court in that case said one of the plaintiffs, Justice Arthur Williams, lacked standing because he won’t be 70 until 2026 and his seat won’t be listed as vacant until then. There’s an appeal pending in that case.

Aidala, Bertuna & Kamins PC and Morrison Cohen LLP represent the three New York City judges. Robert F. Julian of Utica, NY, represents the upstate judges.

The cases are Miller v. The State of New York, N.Y. Sup. Ct., No. 163102/2025, complaint docketed 10/6/25 and Saltarelli v. The State of New York, N.Y. Sup. Ct., No. EF2025-1969, complaint 10/2/25.