MATTER OF LEGAL AID SOC'Y OF NASSAU COUNTY v. SAMENGA


39 A.D.2d 912 (1972)

In the Matter of The Legal Aid Society of Nassau County, N. Y. et al., Appellants, v. Alfred Samenga, a Judge of The District Court of Nassau County, et al., Respondents

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

June 5, 1972


Judgment reversed, on the law, without costs, and petition granted.

It is our view in the instant case that the Legal Aid Society was assigned by the District Court to represent the defendant in question. Once made, that assignment could be terminated for reasons of nonindigency at the instance of counsel only (County Law, § 722-d). That section reads: "Whenever it appears that the defendant is financially able to obtain counsel or to make partial payment...

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