MATTER OF WERFEL v. AGRESTA


36 N.Y.2d 624 (1975)

In the Matter of Abraham Werfel, Appellant, v. Thomas S. Agresta, as a Justice of the Supreme Court, Queens County, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1975.


Attorney(s) appearing for the Case

Abraham Werfel, appellant pro se.

Louis J. Lefkowitz, Attorney-General (Robert S. Hammer and Samuel A. Hirshowitz of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER and FUCHSBERG concur in Per Curiam opinion; Judge JONES dissents and votes to reverse in a separate opinion in which Judge COOKE concurs.


Per Curiam.

The Appellate Division was correct in concluding that, in a full-fledged judicial proceeding, it lacked subject-matter jurisdiction and that, moreover, the petition fails to state a claim for relief under CPLR article 78.

The assignment and compensation of counsel in criminal matters under sections 722 and 722-b of the County Law, and the plans adopted pursuant to statute do not, for purposes of...

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