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BD. OF SUPERVISORS v. AULISI

62 A.D.2d 644 (1978)

In the Matter of Board of Supervisors of Montgomery County, Petitioner, v. Arthur C. Aulisi, as a Justice of The Supreme Court, et al., Respondents

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

June 22, 1978

Attorney(s) appearing for the Case

William E. Moore, County Attorney, for petitioner.

Louis J. Lefkowitz, Attorney-General (Robert D. McDougall and Ruth Kessler Toch of counsel), for Arthur C. Aulisi, respondent.

Charles E. Hardies, Jr., District Attorney, respondent pro se.

Richard T. Horigan, respondent pro se.

SWEENEY, STALEY, JR., and LARKIN, JJ., concur with KANE, J.; MAHONEY, P. J., dissents and votes to dismiss in a separate opinion.

KANE, J.

In December of 1977, following an investigation, the Temporary State Commission of Investigation issued a report alleging that illegal gambling activity was widespread in the City of Amsterdam and County of Montgomery. Among other items, the commission was highly critical of the incumbent Montgomery County District Attorney, respondent Charles E. Hardies, Jr., who, along with one of his two assistants...

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