Sims v. New York State Commission on Judicial Conduct

Appellate Division of the Supreme Court of New York

Sims v. New York State Commission on Judicial Conduct

94 A.D.2d 946, 463 N.Y.S.2d 747, 1983 N.Y. App. Div. LEXIS 18413

Appellate Division of the Supreme Court of the State of New York·Decided May 25, 1983·No. Appeal No. 1·Published

Opinion

Judgment unanimously affirmed, without costs. Memorandum: For the reasons stated by Special Term (McLaughlin, J.), the extraordinary relief of prohibition was properly denied and petitioner’s CPLR article 78 proceeding dismissed. Petitioner on appeal argues that the commission exceeded its authority by asking her to respond to questions concerning matters not enumerated in the administrator’s complaints. Inasmuch as she appeared and gave testimony concerning these allegations, this issue has become moot (see Matter of Richter v State Comm. on Judicial Conduct, 85 AD2d 790, mot for lv to app den 56 NY2d 508). (Appeal from judgment of Supreme Court, Erie County, McLaughlin, J. — art 78.) Present — Hancock, Jr., J. P., Callahan, Doerr, Boomer and Moule, JJ.

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Judgment unanimously affirmed, without costs. Memorandum: For the reasons stated by Special Term (McLaughlin, J.), the extraordinary relief of prohibition was properly denied and petitioner’s CPLR article 78 proceeding dismissed. Petitioner on appeal argues that the commission exceeded its authority by asking her to respond to questions concerning matters not enumerated in the administrator’s complaints. Inasmuch as she appeared and gave testimony concerning these allegations, this issue has become moot (see Matter of Richter v State Comm. on Judicial Conduct, 85 AD2d 790, mot for lv to app den 56 NY2d 508). (Appeal from judgment of Supreme Court, Erie County, McLaughlin, J. — art 78.) Present — Hancock, Jr., J. P., Callahan, Doerr, Boomer and Moule, JJ.

Sims v. New York State Commission on Judicial Conduct, 94 A.D.2d 946, 463 N.Y.S.2d 747, 1983 N.Y. App. Div. LEXIS 18413 (N.Y. Ct. App. 1983).

Pincite

94 A.D.2d 946 (Sims v. New York State Commission on Judicial Conduct) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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