In our view, this proceeding became moot when petitioner testified before the State Commission on Judicial Conduct on March 26, 1980 concerning the 48 additional instances which were not contained in the original complaint. This testimony was voluntary and was not compelled by subdivision 3 of section 44 of the Judiciary Law. That provision, which authorizes the commission to require a Judge under investigation to appear before it and testify under oath, must be read in conjunction...
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