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GINSBERG v. PURCELL

51 N.Y.2d 272 (1980)

Martin Ginsberg, Respondent, v. Francis Purcell, as County Executive of Nassau County, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 18, 1980.

Attorney(s) appearing for the Case

Edward G. McCabe, County Attorney (William S. Norden and Robert O. Boyhan of counsel), for appellants.

Allen M. Kranz and Richard Hartman for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur in Per Curiam opinion; Judge WACHTLER taking no part.

Per Curiam.

A Judge who prior to the adoption of the 1976 amendments to the judiciary article of the New York State Constitution was convicted of a felony and thus lost his license to practice law and who thereafter never sat as a Judge may not recover the salary of the office, notwithstanding the fact that no proceeding to remove him from office as a Judge has ever been...

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