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

49 N.Y.2d 1074 Court STATE OF NEW YORK COURT ON THE JUDICIARY Decision date 1980-03-18 English

Contents

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STATE OF NEW YORK COURT ON THE JUDICIARY
Present: Honorable Harold Birns, Presiding Officer.
Honorable Vincent D. Damiani
Honorable John P. Cohalan, Jr.
Honorable Reid S. Moule
Honorable Richard D. Simons,
In the Matter of the Proceedings Pursuant to Section 22 of Article VI of the Constitution of the State of New York in Relation to Wayne G. Smith, a Justice of the Town Court, Town of Plattekill, County of Ulster, Third Judicial Department.
Motion to confirm report of Referee (Honorable Raymond C. Baratta) and to censure respondent.
Gerald Stern and Richard Granofsky for the motion.
J. Philip Zand for respondent, opposed.

This is a judicial disciplinary proceeding initiated pursuant to section 22 of article VI of the Constitution of the State of New York. Respondent, a Town Justice of the Town of Platte-kill since 1971, is charged with granting favored treatment to defendants in traffic cases pending in his court on 70 instances and requesting similar treatment on behalf of defendants appearing in other courts on four instances. Respondent’s answer to the charges raised questions of fact and the matter was referred to Honorable Raymond C. Baratta for hearing and to make findings. At the hearing counsel for petitioner withdrew five charges and the Referee found that the evidence sustained the remaining 69 charges. Petitioner moves to confirm the findings and for the respondent’s censure. Respondent requests that the charges be dismissed.

The Referee’s findings are confirmed.

The court adopts the reasoning expressed in prior similar

p. 1075
proceedings (see Matter of Kuehnel, 45 NY2d [y]; Matter of Byrne, 47 NY2d [jjj]) and imposes the sanction of censure. Respondent is censured.

Presiding Officer Birns and Judges Damiani, Cohalan, Jr., Moule and Simons concur.

Dated: March 18, 1980

Harold Birns (Signed) Harold Birns

Presiding Officer, Court on the Judiciary

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