Monroe County Legal Assistance Corp., Application of
| Decision Date | 04 December 1974 |
| Citation | 47 A.D.2d 606,361 N.Y.S.2d 713 |
| Parties | Application of MONROE COUNTY LEGAL ASSISTANCE CORP., Petitioner, for Renewal and Extension of this Court's Approval of Petitioner's Office in Sullivan County. |
| Court | New York Supreme Court — Appellate Division |
Before HERLIHY, P.J., and GREENBLOTT, SWEENEY, KANE and REYNOLDS, JJ.
Application pursuant to Judiciary Law, section 495, subdivision 5, for a further extension of approval for maintenance of petitioner's office in Sullivan County. Application denied, without costs.
The history of petitioner's OEO-funded office is detailed in our decisions in Matter of Westchester Legal Servs., 37 A.D.2d 1024, 326 N.Y.S.2d 95 and Matter of Ostrander v. Wyman, 41 A.D.2d 580, 339 N.Y.S.2d 609, motion for leave to appeal denied 31 N.Y.2d 647, 341 N.Y.S.2d 1026, 293 N.E.2d 829. In Westchester we denied approval of establishment of a legal services office in Sullivan County by Westchester Legal Services, Inc., for lack of board representation by members of the legal profession in the area to be served. In Ostrander we construed section 495 (subd. 5) of the Judiciary Law to require approval of the appellate division of the department in which an office is to be located and, consequently, disapproved petitioner's maintenance of a Sullivan County office absent our approval. Thereafter, pursuant to resolution of petitioner's board of directors, an application was made and approved. (Matter of Monroe County Legal Assistance Corporation, 41 A.D.2d 1000, 344 N.Y.S.2d 244). In granting the application for a limited period, we noted that there was no other legal aid program in operation capable of handling the backlog of cases pending at that time in Sullivan County. We have since granted limited extensions of approval from time to time, the most recent for a period which will expire on December 31, 1974.
In late 1973, the incorporation of the Legal Aid Society of Sullivan County, Inc., was approved and, in the interim, its office consisting of five full-time lawyers, has become fully operational. The Sullivan County Public Defender's office was closed and its work transferred to the Legal Aid Society, which has entered into a contract with the county to provide representation in both civil and criminal matters for indigent persons in Sullivan County. By the terms of the contract, the Legal Aid Society is obligated to apply for federal, state and private financial aid and, to the extent...
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Cooper v. Morin
...presently funded by a tax-exempt federal corporation (The Legal Services Corporation). See Monroe County Legal Assistance Corp. v. Sullivan County Bar Assn., 47 A.D.2d 606, 361 N.Y.S.2d 713, revd. 38 N.Y.2d 540, 381 N.Y.S.2d 474, 344 N.E.2d 407; Matter of Ostrander v. Wyman, 41 A.D.2d 580, ......
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Monroe County Legal Assistance Corp. v. Sullivan County Bar Ass'n
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