Schmidt v. County of Suffolk

Appellate Division of the Supreme Court of New York

Schmidt v. County of Suffolk

34 A.D.2d 962, 313 N.Y.S.2d 653, 1970 N.Y. App. Div. LEXIS 4653

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 1, 1970

StatusPublished

This text of 34 A.D.2d 962 (Schmidt v. County of Suffolk) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schmidt v. County of Suffolk, 34 A.D.2d 962, 313 N.Y.S.2d 653, 1970 N.Y. App. Div. LEXIS 4653 (N.Y. Ct. App. 1970).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR to compel respondents to audit and pay legal expenses incurred by petitioner in successfully defending against a prior proceeding -brought .by this court to remove him as President Judge of the District Court of Suffolk .County, the appeal is from a judgment of the Supreme Court, Suffolk County, entered November 5, 1969, which dismissed the petition. Judgment affirmed, with costs. A Judge of the District Court of Suffolk County is subject to removal proceedings pursuant to article VI (§ 22, subd. i) of the Constitution of New York; section 132 of the Code of Criminal Procedure; and subdivision (e) of section 103 of the Uniform District Court Act. Section 410 of the County Law does not direct a charge against the county for the reasonable costs and expenses of a successful defense by a Judge of a District Court in a removal proceeding. Christ, P. J., Hopkins, Brennan and Benjamin, JJ., concur. (Beldock, P. J., deceased.)

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In a proceeding pursuant to article 78 of the CPLR to compel respondents to audit and pay legal expenses incurred by petitioner in successfully defending against a prior proceeding -brought .by this court to remove him as President Judge of the District Court of Suffolk .County, the appeal is from a judgment of the Supreme Court, Suffolk County, entered November 5, 1969, which dismissed the petition. Judgment affirmed, with costs. A Judge of the District Court of Suffolk County is subject to removal proceedings pursuant to article VI (§ 22, subd. i) of the Constitution of New York; section 132 of the Code of Criminal Procedure; and subdivision (e) of section 103 of the Uniform District Court Act. Section 410 of the County Law does not direct a charge against the county for the reasonable costs and expenses of a successful defense by a Judge of a District Court in a removal proceeding. Christ, P. J., Hopkins, Brennan and Benjamin, JJ., concur. (Beldock, P. J., deceased.)

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Bluebook (online)

34 A.D.2d 962, 313 N.Y.S.2d 653, 1970 N.Y. App. Div. LEXIS 4653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmidt-v-county-of-suffolk-nyappdiv-1970.