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In re Proceedings Pursuant to Section 22 of Article VI of the Constitution of the State of New York in Relation to La Carrubba

49 N.Y.2d 1058 Court STATE OF NEW YORK COURT ON THE JUDICIARY Decision date 1978-07-10 English

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p. 1058
STATE OF NEW YORK COURT ON THE JUDICIARY
Present: Honorable Harold Birns, Presiding Officer.
Honorable Robert G. Main
Honorable Michael E. Sweeney
Honorable Reid S. Moule
Honorable Richard D. Simons
In the Matter of Proceedings Pursuant to Section 22 of Article VI of the Constitution of the State of New York in Relation to Gioanna I. La Carrubba, a Judge of the District Court, County of Suffolk, Second Judicial Department.

Respondent, pursuant to section 580.5 of the Rules of Procedure of the Court on the Judiciary (22 NYCRR 580.5), moves for an order dismissing the charges against her, or, in the alternative, for an order granting clarification, discovery and an extension of her time to answer.

The motion for dismissal, clarification or discovery is denied (see Matter of Byrne, 47 NY2d [b]). Respondent is granted an enlargement of time to answer the charges for a period of 10 days after determination of her appeal from a judgment of conviction of criminal misconduct, presently pending in the Court of Appeals.

This memorandum decision constitutes the order of this court.

Dated: July 10, 1978

Harold Birns (Signed) Harold Birns

Presiding Officer, Court on the Judiciary

Hyman W. Gamso (Signed) Clerk of the Court on the Judiciary