MTR OF MORGENTHAU v. COOKE


56 N.Y.2d 24 (1982)

In the Matter of Robert M. Morgenthau, as District Attorney of New York County, Respondent, and Jack Rosenberg, as Judge of the Criminal Court of the City of New York, Intervenor-Respondent, v. Lawrence H. Cooke, as Chief Judge of the Unified Court System of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 13, 1982.


Attorney(s) appearing for the Case

Paul A. Feigenbaum, Michael Colodner and Kenneth Falk for appellants.

Robert M. Morgenthau, District Attorney (Robert M. Pitler and Amyjane Rettew of counsel), respondent pro se.

Boris Kostelanetz and David F. Axelrod for intervenor-respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur in Per Curiam opinion; Judge FUCHSBERG concurs in result in a separate opinion; Chief Judge COOKE taking no part.


Per Curiam.

The question presented on this appeal is whether the Chief Administrator of the Courts has authority to assign Judges and Justices of one court to serve temporarily in another court under article VI (§ 26, subd i) of the Constitution of the State of New York when no standards or administrative policies for such transfers have been established in the manner prescribed by section 28 of the same article...

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