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MATTER OF FITZSIMMONS v. LIUNI

26 A.D.2d 980 (1966)

In the Matter of Joseph Fitzsimmons, as Commissioner of Public Welfare of The County of Ulster, Respondent, v. Michael Liuni et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 21, 1966

Per Curiam.

It is conceded that the Judge of the Family Court, by whom the proceeding was heard and determined, is a first cousin of the wife of the respondent Commissioner. Consequently, he was disqualified from acting, being "related by * * * affinity to [a] party to the controversy within the sixth degree", and the proceedings before him were and are void. (Judiciary Law, § 14; People ex rel. Union Bag & Paper Corp. v. Gilbert, 143 Misc....

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