Lahey, Matter of

• Decision Date: 12 June 1978
• Parties: In the Matter of Proceedings pursuant to Section 22 of Article 6 of the Constitution of the State of New York in Relation to Edward A. LAHEY, a Judge of the Town Court, Town of New Windsor, County of Orange, Second Judicial Department.
• Court: New York Court on the Judiciary

Page 814

413 N.Y.S.2d 814

In the Matter of Proceedings pursuant to Section 22 of Article 6 of the Constitution of the State of New York in Relation to Edward A. LAHEY, a Judge of the Town Court, Town of New Windsor, County of Orange, Second Judicial Department.

Court on the Judiciary.

June 12, 1978.

Before BIRNS, Presiding Officer, and MAIN, SWEENEY and MOULE, JJ.

Motion by counsel to this court, for accelerated judgment pursuant to CPLR 3212(b), is granted and the matter will be set down for a hearing on the issue of sanctions.

In this judicial disciplinary proceeding, pursuant to Section 22 of Article 6 of the Constitution of the State of New York, respondent is charged with seeking special consideration on behalf of defendants in other courts, and granting requests for special consideration on behalf of defendants in his court. Respondent's answer contains a qualified denial which challenges only the legal consequences of the acts charged in the complaint. Therefore, the factual allegations in the complaint can only be deemed admitted (CPLR 3018). Counsel to this court now moves for accelerated judgment.

In the absence of any genuine issue of material fact, there is no need for a hearing on the issue of misconduct, and summary judgment is granted (CPLR 3212(b)). This court will convene on a date to be set to determine the issue of sanctions. Counsel for each side will be heard, and respondent will be entitled to make a statement if he so chooses.

Respondent's answer to the complaint incorporates a motion to dismiss the charges on various substantive, constitutional and procedural grounds which are raised as affirmative defenses. Respondent's motion to dismiss is denied in all respects (Matter of Owen, --- N.Y.2d ---, --- N.Y.S.2d ----, N.Y.L.J., May 9, 1978 (Court on the Judiciary); Matter of Schultz, --- N.Y.2d ---, --- N.Y.S.2d ----, N.Y.L.J., May 9, 1978 (Court on the Judiciary); Matter of Byrne, --- N.Y.2d ---, --- N.Y.S.2d ----, N.Y.L.J., April 20, 1978 (Court on the Judiciary); Matter of Smith, --- N.Y.2d ---, --- N.Y.S.2d ----, N.Y.L.J., April 20, 1978 (Court on the Judiciary)).

Gerald Stern, Esq. was designated counsel to this court to conduct the proceeding herein pursuant to New York State Constitution, Article 6, former Section 22(f), which designation remains effective until termination of this proceeding (see, Article 6, Section 22(j), effective January 1, 1978). Accordingly, respondent's motion to remove Mr. Stern as counsel ...