Central NY judge declares state law that requires city court judges to retire at 70 unconstitutional

Wampsville, N.Y. – A Central New York judge has ruled unconstitutional a law that requires city court judges across the state to retire at 70 years old.

The challenge to the law was brought by two city court judges who were both forced to retire: Michael Misiaszek, of Oneida in Madison County, and Mark Saltarelli, of Tonawanda in Erie County.

Misiaszek had four years left in his term when he was forced to retire due to his age. Saltarelli wasn’t able to seek reelection because he turned 70 years old.

Patrick J. O’Sullivan, a State Supreme Court judge in Madison County issued his ruling on the case last Friday.

The ruling only applies to city court judges outside of New York City. It could, however, impact similar age restrictions for other judges in the future.

O’Sullivan, in his written opinion, said it was “illogical” that other judges, such as village or town justices, are not required to retire at 70 years old while many city court judges are required to retire.

The judge said a state law requiring city court judges to retire at 70 years old is overruled by the Equal Rights Amendment that voters approved in 2024. That expanded the state Constitution to include more protections against unequal treatment based on age, among other things.

O’Sullivan also said the state could not prove why 70 should be the age limit.

“They provide no evidence to demonstrate the exactitude between advancement of general considerations of judicial competence and the attainment of age 70,” he said.

Nina Kohn, a Syracuse University College of Law professor, said the amendment approved in 2024 could lead to a variety of legal actions.

“This case is the tip of the iceberg,” she said. “The new protections for age really call into question many of our laws and policies.”

Kohn pointed out other retirement ages or age-based ticket pricing as other laws that could be impacted by the Equal Rights Amendment.

Kohn said that the legal precedent set by O’Sullivan’s ruling on other judges wishing to challenge retirement age laws is uncertain.

The ruling may not affect judges in other positions because the state Constitution specifically addresses retirement age for those jobs but doesn’t mention city court judges outside of New York City, Kohn said.

Another judge could hear an entirely parallel case with the same arguments and make a completely different ruling than the Misiaszek and Saltarelli case, she said.

This conflict of almost-identical cases having different outcomes could lead to the matter reaching the highest courts in the state to set a clear and certain precedent, the professor said.

“Regardless, this decision is important for other courts. The logic is clear, and they are likely to find (O’Sullivan’s) reasoning persuasive,” Kohn said.

Kohn, who works in elder law, agreed that there is no clear reason why age 70 should be the cutoff. For instance, the age cutoff in Pennsylvania is 75.

O’Sullivan also said that there are other ways to remove judges who are unfit, rather than relying on their age alone. These include voting them out or impeaching them.

The state argued that the state Constitution says judges over 70 must retire. The judge wrote that doesn’t apply in this case because the law doesn’t specifically mention city court judges in the list of judges that must retire.

Officials at the state Office of Court Administration did not answer syracuse.com | The Post-Standard questions about the judge’s ruling and its impact on judges.

Misiaszek was elected to a 10-year term as the Oneida City Court Judge on Nov. 5, 2019, according to court documents. His term was set to run from Jan. 1, 2020 to Dec. 31, 2029.

Misiaszek turned 70 on Feb. 20, 2025, according to court documents. He was informed by the city that he would be forced to retire by law by Dec. 31.

Saltarelli was elected to a similar 10-year term as Tonawanda City Court Judge, serving from Jan. 1, 2016 to Dec. 31, 2025, according to court documents. Saltarelli says he did not seek re-election because he was told the law barred his ability to do so.

Both claimed damages from loss of income as well as loss of human rights due to discriminatory practices by the state.

Kohn said that in the wake of this decision, city court judges over the age of 70 outside of New York City should be able to run in the next election, protected by this ruling.