"It's no different than one-man, one-vote," Cheevers said, arguing that all lawmakers should be paid the same amount.

Under the present political system, with the state Senate and Assembly leadership doling out extra money, staff and offices to legislators for committee posts and other legislative assignments, lawmakers are "beholden" to the leadership, Cheevers said.

Cheevers said because his assemblyman, Jay J. Dinga of Chenango Bridge, is a Republican in the Democratic-controlled Assembly, "he's a second-class citizen." Cheevers said that translates into "I am a second-class citizen."

Cheevers, 68, is a dark-horse candidate for next year's Democratic nomination for governor. He filed his lawsuit Tuesday in state Supreme Court in Albany.

"Right now, he (Dinga) and (state Assemblyman Robert J.) Warner, R-Vestal, might as well stay home," Cheevers said.

John McArdle, a spokesman for state Senate Majority Leader Joseph Bruno, said the lawsuit is "clearly frivolous."

McArdle cited a section of the state constitution that authorizes extra pay for members "serving as an officer of his house or in any other special capacity."

Members of the 61-member state Senate and 150-member state Assembly are paid a base salary of $79,500 a year. But most also receive extra pay for serving in leadership positions or as chairmen or ranking minority members of the committees.

Cheevers said the extra-pay system, which is controlled by the leaders of the Legislature, unfairly allows those leaders to get their way on legislation that rank-and-file members might otherwise not approve.

Cheevers said that while a case might be made for paying Bruno and state Assembly Speaker Sheldon Silver extra money because of their heavier workload, the same is not true for other lawmakers. The two leaders each get an extra $43,000 annually.

"The disparate amount of cash allowances paid to different political party members of the New York state Legislature are not based upon, or are justified, by reason of any difference in workload, work difficulty, population, experience, or any other fair or reasonable factor," Cheevers wrote in his lawsuit.

In the state Legislature, Republicans control the Senate and Democrats rule the Assembly. Favored assignments and the largest stipends tend to go to members with seniority and the most loyalty to the chamber's leadership.

The town supervisor is battling former federal Housing Secretary Andrew Cuomo and state Comptroller H. Carl McCall for the Democratic nomination for governor.

Staff Writer Greg Erbstoesser contributed to this report.