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FRIEDMAN v. STATE OF NEW YORK

24 N.Y.2d 528 (1969)

Louis L. Friedman, Respondent, v. State of New York, Appellant. (Claim No. 44913.)

Court of Appeals of the State of New York.

Decided April 23, 1969.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for appellant.

John T. DeGraff, Theodore Kiendl, Richard E. Nolan and James W. B. Benkard for respondent.

Chief Judge FULD and Judges BERGAN, KEATING, BREITEL and JASEN concur with Judge SCILEPPI; Judge BURKE dissents and votes to affirm in a separate opinion.

SCILEPPI, J.

In 1956 claimant, Louis Friedman, was elected to the office of Supreme Court Justice for a term expiring on December 31, 1970. On July 2, 1962 the Presiding Justice of the Appellate Division, Second Department, pursuant to the State Constitution (art. VI, § 9-a [now § 22]), requested the then Chief Judge of the Court of Appeals to convene the Court on the Judiciary to consider matters involving...

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