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MARRO v. BARTLETT

46 N.Y.2d 674 (1979)

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

Court of Appeals of the State of New York.

Decided March 29, 1979.

Attorney(s) appearing for the Case

Alfred S. Julien and Stuart A. Schlesinger for appellant.

Michael Colodner and Michael R. Juviler for respondents.

Judges JASEN, GABRIELLI and WACHTLER concur with Judge JONES; Judge FUCHSBERG dissents and votes to reverse in a separate opinion. Chief Judge COOKE taking no part.

JONES, J.

In the exercise of its responsibility to act on applications of former Supreme Court Justices for certification for additional judicial service beyond retirement at age 70, the Administrative Board of the Judicial Conference has nearly unfettered discretion which is not subject to judicial review in the absence of claims of substance that there has been a violation of constitutional or statutory prescription...

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