In Maresca v. Cuomo, (64 NY2d 242, 251, 475 NE2d 95, 485 NYS2d 724 [1984]) the Court upheld the statutory requirement for mandatory retirement of all state appointed judges at age 70, reasoning that the statute furthered several rational interests including "elimination of the unpleasantness and embarrassment of selectively removing aged and disabled Judges [and] elimination of the administrative burden of testing each Judge attaining the age of 70 to assess competency." The Court found it reasonable for the legislature to choose age 70 as the mandatory retirement age because it is an age at which a judge's mental capacity may be diminished. (Id.)