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MTR. OF PECK v. STONE

32 A.D.2d 506 (1969)

In the Matter of Carolyn R. Peck, Appellant, v. Parker J. Stone, Respondent

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

October 30, 1969.

Attorney(s) appearing for the Case

Richard A. Ellison for appellant.

Carl W. Peterson, Jr., Corporation Counsel (James D. Fitzpatrick of counsel), for respondent.

Faith A. Seidenberg for American Civil Liberties Union, amicus curiæ.

GOLDMAN, P. J., WITMER and MOULE, JJ., concur with GABRIELLI, J.; DEL VECCHIO, J., dissents and votes to affirm in opinion.

GABRIELLI, J.

This is an appeal from a judgment of the Supreme Court at Special Term (FARNHAM, J.), entered March 4, 1969 in Onondaga County, which dismissed petitioner's application, in a proceeding under article 78 of the CPLR, to vacate an order made by respondent as Judge of the City Court of Syracuse, Onondaga County.

On October 3, 1968 petitioner, a young female attorney, appeared before respondent as counsel for an indigent defendant. Prior...

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