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MTR. OF MARRO v. BARTLETT

61 A.D.2d 729 (1978)

In the Matter of Joseph R. Marro, Respondent, v. Richard J. Bartlett, as State Administrator of The Administrative Board of the Judicial Conference, et al., Appellants

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

April 6, 1978

Attorney(s) appearing for the Case

Michael R. Juviler (Michael Colodner and John Eiseman of counsel), for appellants.

Julien & Schlesinger, P. C. (Alfred S. Julien and Stuart A. Schlesinger of counsel), for respondent.

KANE, J. P., STALEY, JR., and HERLIHY, JJ., concur; MAIN, J., not taking part.

LARKIN, J.

Joseph R. Marro, the petitioner herein, took office as a Supreme Court Justice on January 1, 1974 and retired on December 31, 1977, having reached the age of 70 during 1977 (NY Const, art VI, § 25). A retired Justice may apply to continue as a retired Justice for a period of two years (NY Const, art VI, § 25, subd b; Judiciary Law, § 115). Justice Marro made application, but, before...

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