MATTER OF CUNNINGHAM


57 N.Y.2d 270 (1982)

In the Matter of Patrick Cunningham, as Judge of the County Court of Onondaga County, Petitioner. State Commission on Judicial Conduct, Respondent.

Court of Appeals of the State of New York.

Decided November 11, 1982.


Attorney(s) appearing for the Case

Leonard Amdursky and Bruce O. Jacobs for petitioner.

Albert B. Lawrence, Gerald Stern and Jean M. Savanyu for respondent.

William F. FitzPatrick, John J. Dee, John M. Freyer, John E. Shaffer and Ronald C. Berger for Onondaga County Bar Association, amicus curiae.

Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in Per Curiam opinion; Chief Judge COOKE and Judges JASEN and MEYER dissent and vote to accept the determined sanction in a dissenting memorandum.


Per Curiam.

In this proceeding we are called upon to review a determination of the State Commission on Judicial Conduct removing from office the petitioner, a Judge of the Onondaga County Court, for certain acts of judicial misconduct. After having reviewed all of the evidence before the commission, we conclude that the penalty of removal is excessive and that censure is the more appropriate sanction.

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